People who got repeated marketing texts from HelloFresh’s U.S. company, including EveryPlate texts sent before 8 a.m. or after 9 p.m. or to numbers on the Do Not Call Registry, may be covered by a proposed class action alleging Grocery Delivery E-Services USA Inc. violated the TCPA. No class has been certified and there is nothing to file yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Grocery Delivery E-Services USA Inc. has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
A San Antonio woman filed a proposed class action on September 30, 2026 in the U.S. District Court for the Western District of Texas against Grocery Delivery E-Services USA Inc., the company federal court records identify as doing business as HelloFresh. The case, Ramirez v. Grocery Delivery E-Services USA Inc., No. 5:26-cv-06303, alleges the company sent marketing texts outside the hours federal telemarketing rules allow and to a number listed on the National Do Not Call Registry, in violation of the Telephone Consumer Protection Act.The two texts shown in the complaint are promotions for EveryPlate, HelloFresh’s budget meal-kit brand. The company has not yet responded, and none of the allegations has been tested in court.
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What the Texts Said and When They Arrived
The complaint includes screenshots of two texts from the short code 37901. One, received Thursday, July 30 at 10:21 p.m., read “EveryPlate: Busy nights ahead?” and listed recipes. The other, received a Wednesday at 6:01 a.m., advertised meals for $2.99 each on a first box. Both linked to an ordering page and ended with an instruction to reply STOP.The plaintiff says she never gave the company permission to text her and that her cell number, which she uses as her home line, has been on the National Do Not Call Registry since November 2006.
The TCPA Rules the Lawsuit Relies On
Federal rules under the TCPA bar telephone solicitations before 8 a.m. or after 9 p.m. at the recipient’s location, and courts treat a text message as a call. The same rules bar marketing calls and texts to numbers on the National Do Not Call Registry without the person’s permission. A person who gets more than one such message from the same company within 12 months can sue for $500 per violation, or up to $1,500 if the company acted knowingly or willfully. OCA’s TCPA explainer covers the law in more detail.Who Is in the Proposed Classes?
The complaint proposes two nationwide classes, each covering the four years before the filing:- After Hours Class: people who got more than one marketing text from the company, or someone acting for it, within a 12-month period, sent before 8 a.m. or after 9 p.m. their local time
- Do Not Call Registry Class: people who got more than one marketing text within 12 months while their number had been on the registry for at least 30 days, where the company says it had no written consent or got consent the same way it says it got the plaintiff’s
A Second HelloFresh Case in California
A separate proposed class action, Ayala v. Grocery Delivery E-Services USA, Inc. d/b/a HelloFresh, No. 2:26-cv-11396, was filed October 1, 2026 in the U.S. District Court for the Central District of California. Its complaint is not publicly available on the free docket, so its claims are not described here. The two cases are not consolidated.What Happens Next?
The company will have a chance to respond, typically with an answer or a motion to dismiss. A class has not been certified, and there is no settlement or claim form.This lawsuit is unrelated to the earlier HelloFresh California subscription settlement over automatic renewals, which has closed.
Questions
Who is covered by the HelloFresh EveryPlate text lawsuit?
The complaint proposes two nationwide classes going back four years before the September 30, 2026 filing: people who got more than one marketing text from the company in a 12-month period sent before 8 a.m. or after 9 p.m. their local time, and people who got more than one marketing text in 12 months while their number had been on the National Do Not Call Registry for at least 30 days. No class has been certified.
What does the TCPA allow for marketing texts at night?
Federal rules under the Telephone Consumer Protection Act bar telephone solicitations, which courts treat as including text messages, before 8 a.m. or after 9 p.m. at the recipient’s location. A person who gets more than one such message from the same company in 12 months can sue for $500 per violation, or up to $1,500 if the violation was knowing or willful.
Is EveryPlate part of HelloFresh?
The lawsuit is against Grocery Delivery E-Services USA Inc., and the texts shown in the complaint are signed “EveryPlate.” Federal court records identify Grocery Delivery E-Services USA Inc. as doing business as HelloFresh, and EveryPlate is one of HelloFresh’s meal-kit brands.
Is there any money to claim from the HelloFresh text lawsuit?
No. The case was just filed and there is no settlement, certified class or claim form. If the case settles or a class is certified, class members would be notified of any way to take part.
Sources
• Class Action Complaint — Ramirez v. Grocery Delivery E-Services USA Inc., U.S. District Court for the Western District of Texas, Case No. 5:26-cv-06303 (filed September 30, 2026), via CourtListener: Complaint (PDF)• Docket for Ramirez v. Grocery Delivery E-Services USA Inc., No. 5:26-cv-06303 (W.D. Tex.), via CourtListener: CourtListener Docket
• Docket for Ayala v. Grocery Delivery E-Services USA, Inc. d/b/a HelloFresh, No. 2:26-cv-11396 (C.D. Cal.), via CourtListener: CourtListener Docket
