HelloFresh texted promotions to phone numbers on the National Do Not Call Registry, a new class action lawsuit alleges.

Krystel Ayala filed a class action lawsuit on Oct. 1, 2026, against Grocery Delivery E-Services USA Inc., d/b/a HelloFresh, in the U.S. District Court for the Central District of California.

The lawsuit alleges HelloFresh sent marketing texts to people on the National Do Not Call Registry without their consent.

What is the National Do Not Call Registry?

The National Do Not Call Registry lets people opt out of most telemarketing. Under the Telephone Consumer Protection Act, anyone one the list who receives more than one telemarketing call or text from the same company within 12 months can file a lawsuit against the company.

Those rules also require companies that telemarket to keep internal lists of people who ask to opt out of their messages.

The plaintiff's experience

Ayala claims she registered her cellphone number on the National Do Not Call List in 2004 and uses her phone for personal calls to family and friends. Starting in January 2026, HelloFresh allegedly sent her at least four texts inviting her to join its food and grocery subscription services.

The messages reportedly included:


  • Jan. 28: A fresh start sale promotion ending that Friday

  • Jan. 30: A last-chance offer of 11 free meals and free steak for new subscribers

  • Jan. 31: Notice that the sale would run one more day for text subscribers

  • Feb. 3: A pitch to swap proteins, adjust portions and join now

Ayala claims each text named HelloFresh as the sender and that she never gave the company her consent to contact her. Because the messages encouraged her to buy a subscription, the filing contends they are telemarketing under federal rules.

The complaint alleges the texts invaded Ayala's privacy, caused aggravation and annoyance, disrupted her daily life and took up memory on her phone. Over time, unsolicited texts like these risk filling a phone's memory and leaving it unusable for other purposes, the filing claims.

The company sent similar, repeated texts to registered numbers across the country, according to the the lawsuit. The proposed class action claims HelloFresh continued to text consumers who had asked to opt out.

Ayala alleges the company failed to set up reasonable procedures to prevent texts to people on the National Do Not Call Registry. The complaint describes the violations as knowing and willful.

What the lawsuit means for HelloFresh text recipients

Ayala seeks $500 in statutory damages per violation, up to $1,500 for each willful violation, a declaration that the company's conduct was unlawful and a court order stopping future solicitations.

The proposed class covers anyone in the United States who received two or more HelloFresh telemarketing calls or texts on a cellphone within a 12-month period during the four years before the filing as long as the National Do Not Call Registry listed the number for at least 31 days before the contact.

As of this writing, there is no settlement, no claims process and no money available.