Wayfair Ignores Text-Messaging Opt-Outs, Mich. Class Action Alleges

Wayfair engages in unsolicited text messaging to promote goods and services, and sends text messages after consumers have opted out of such solicitations, alleged plaintiff Ty Stricker’s Telephone Consumer Protection Act class action Friday (docket 2:24-cv-10740) in U.S. District Court for Eastern Michigan in Detroit. Stricker asked Wayfair Feb. 5 to stop contacting him, yet Wayfair continued sending text messages between Feb. 10 and March 15 to a cellphone number that Stricker listed on the national do not call registry in November 2005, said the complaint. Wayfair’s failure to honor opt-out requests demonstrates it doesn’t maintain written policies and procedures for text messaging marketing, that it doesn’t provide proper training for telemarketing personnel and lacks an internal, standalone DNC list, it said. Wayfair’s “text message spam” caused Stricker and class members harm, “including violations of their statutory rights, trespass, annoyance, nuisance, invasion of their privacy, and intrusion upon seclusion,” the complaint said.