HelloFresh Sued for Ignoring Consumer Opt-Out Requests Under TCPA
HelloFresh faces TCPA suit for allegedly sending texts after opt-out requests.
Why it matters: Legal and compliance teams should monitor TCPA enforcement for automated consumer communications to avoid costly penalties and reputational damage.
- Plaintiff alleges HelloFresh sent 45 unsolicited promotional texts from July to October 2025 despite opt-out.
- Nebraska court allowed the TCPA suit Rivera v. Every Plate, Inc. and HelloFresh to proceed as of June 30, 2026.
- HelloFresh settled a $7.5 million California lawsuit in August 2025 for deceptive auto-renewal practices.
- In January 2024, UK fined HelloFresh £140,000 for 79 million spam emails and 1 million spam texts without consent.
HelloFresh is under fire in a new federal TCPA lawsuit for allegedly continuing to send promotional text messages to a consumer who had requested to opt out. Between July 10 and October 1, 2025, the company reportedly sent 45 unsolicited texts, ignoring the cancellation.
The case, Rivera v. Every Plate, Inc. and HelloFresh, was allowed to proceed by a Nebraska federal court as of June 30, 2026. The court stated the complaint provided defendants fair notice of alleged TCPA violations and a reasonable inference of liability.
This is not HelloFresh's first legal challenge over customer communications. In August 2025, the company agreed to pay $7.5 million to settle a consumer protection lawsuit in California. That suit alleged violations of the state's Automatic Renewal Law, including enrolling consumers in auto-renewing subscriptions without proper disclosure and obstructing easy cancellation. The settlement included $6.38 million in civil penalties and $1 million in consumer restitution.
Even before that, in January 2024, the UK's Information Commissioner's Office fined HelloFresh £140,000 for sending 79 million spam emails and 1 million spam texts over seven months without proper consent.
These cases highlight a persistent risk for consumer-facing businesses relying on automated marketing communications. Compliance teams need to prioritize honoring opt-out requests under the TCPA and related laws to avoid costly litigation and regulatory fines.
By the numbers:
- 45 unsolicited texts sent between July 10 and October 1, 2025 — alleged TCPA violation timeframe
- $7.5 million settlement in California in August 2025 — included civil penalties and restitution
- £140,000 fine in UK in January 2024 — for nearly 80 million unsolicited communications
What's next: The outcome of the Nebraska TCPA lawsuit is pending, with no current resolution reported.