Facts

Zoey Bloom filed a putative class action against Jenny Craig Inc. in relation to Jenny Craig's text message marketing practices.

PLAINTIFF'S CONTENTIONS: Plaintiffs alleged Jenny Craig engaged in telemarketing by sending text messages promoting its services to plaintiffs' mobile phones without their express written consent, in violation of the Telephone Consumer Protection Act. Plaintiffs also claimed the impersonal, generic nature of the text messages shows Jenny Craig used automatic telephone dialing services to send the messages. Plaintiffs alleged the unsolicited text messages caused actual harm, including invasion of privacy, aggravation, annoyance, intrusion on seclusion, trespass, conversion, and disruption to daily life.

DEFENDANT'S CONTENTIONS: Jenny Craig denied all liability.

Result

The parties reached a settlement in which Jenny Craig agreed to pay $3 million to settle plaintiffs' claims.