Text Messages

Oral-B Class Action for Unwanted Text Messages

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Oral-B Class Action for Unwanted Text Messages

In a recent class action lawsuit, Plaintiff Olukemi Adewole, on behalf of herself and others similarly situated, has filed a case against The Procter & Gamble Company, doing business as Oral-B. The lawsuit alleges violations of the Telephone Consumer Protection Act (TCPA) and the Maryland Consumer Protection Act (MCPA), accusing P&G of engaging in unsolicited and continuous text messaging practices.

What Laws Did P&G Allegedly Violate?

The TCPA is a federal law enacted to protect consumers from unwanted telephone solicitations. It prohibits companies from sending unsolicited text messages to consumers without their prior express consent. The MCPA, on the other hand, is a state law that protects consumers from unfair or deceptive trade practices. The lawsuit alleges that P&G violated these laws by sending unsolicited text messages to consumers, even after they opted out of their solicitations.

According to the complaint, P&G's actions are in direct violation of the TCPA's national do-not-call provisions and the MCPA's provisions. The plaintiff, who is on the National Do-Not-Call Registry (NDNCR), claims to have received numerous text messages from P&G promoting their products.

What Led to the Filing of the Lawsuit?

The plaintiff alleges that she started receiving unsolicited text messages from P&G promoting their products, despite being on the NDNCR. She claims that these messages were sent without her prior express consent, which is a requirement under the TCPA.

Despite opting out of P&G's solicitations, the plaintiff alleges that she continued to receive text messages from the company. This led her to file the lawsuit, seeking to recover statutory compensatory and punitive damages, as well as injunctive relief to stop P&G's alleged illegal conduct.

Who Are the Class Members?

The proposed classes in the lawsuit include the NDNCR Class, the Internal Do-Not-Call Registry (IDNCR) Class, and the MCPA Sub-Class. The NDNCR Class consists of individuals in the United States who received more than one text message solicitation from P&G on their cell phone numbers listed on the NDNCR.

The IDNCR Class consists of individuals in the United States who received text messages from P&G after requesting to be added to P&G's Internal Do-Not-Call List. The MCPA Sub-Class consists of individuals in the State of Maryland who received text messages from P&G after requesting to be added to P&G's Internal Do-Not-Call List.

What Damages Is the Plaintiff Seeking?

The lawsuit seeks statutory damages for each violation, injunctive relief to prevent future violations, pre-judgment interest, attorney's fees, and costs. While the exact dollar amount is not stated in the complaint, it is expected to be at least five million dollars.

The plaintiff also demands a jury trial for all counts, indicating the seriousness of the allegations and the potential impact on P&G's business practices.

What Could Be the Next Steps in the Case?

As the case progresses, the court will need to determine whether P&G indeed violated the TCPA and MCPA as alleged by the plaintiff. If the court finds in favor of the plaintiff, P&G could be ordered to pay statutory damages and change its text messaging practices.

However, it's important to note that these are only allegations at this point. P&G will have the opportunity to defend itself against these claims in court. The outcome of this case could have significant implications for other companies engaging in similar practices.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    1:23-cv-00336
  • Filing Date:
    June 1, 2023
  • Jurisdiction:
    U.S. District Courts
  • State:
    Ohio
  • Court:
    Ohio Southern District
  • Plaintiff:
    Olukemi Adewole
  • Defendant:
    The Procter & Gamble Company dba Oral-B
  • Plaintiff Firm:
    Chris Wiest, Attorney at Law, PLLC
  • Defendant Firm:
  • Claims Administrator:
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Will Gendron
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