Real Good Foods, LLC, was recently targeted by a class action lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA). The lawsuit claims that the company engaged in unsolicited text messaging and continued to send messages to consumers after they had opted out of receiving further communications. This raises serious questions about the internal operations of the company, assuming they did not willingly violate the TCPA.

At Sparrow, we specialize in helping individuals receive compensation from various class action settlements across various industries. Whether you need help with a class action in tech, real estate, or even cases like Panera’s hidden markups on baked goods, our expertise ensures that class members receive their rightful compensation. We’ll guide you through the entire process, from understanding your eligibility to submitting claims and receiving payments.

With our extensive experience handling class action settlements, we’ve put together this blog to give you coverage and guidance on the Real Good Foods settlement. We’ll discuss the settlement information, allegations, and the company’s stance. We’ll also discuss the timeline of the case and how you can stay updated on future cases like this.

Let’s get started!

Real Good Foods: Company Overview

Real Good Foods is a popular frozen food supplier whose products are stocked in numerous grocery stores and retail chains across the United States, such as Walmart and Target. With their high-protein, low-carb offerings, they’ve built a loyal customer base that appreciates healthier frozen food alternatives.

Founded with the mission to provide nutritious and convenient meal options, Real Good Foods focuses on using high-quality ingredients to create products that cater to various dietary needs, including keto, gluten-free, and low-carb lifestyles.

Case Details: What is the Real Good Foods Class Action Lawsuit About?

Real Good Foods faced a class action lawsuit due to customer complaints about unsolicited marketing texts that persisted despite requests to stop. These texts were seen as intrusive and aggravating, often arriving at inconvenient times and potentially incurring additional charges for recipients with limited data plans.

In light of this, the company may be found in violation of consumer consent, causing significant aggravation. It may also be liable for financial harm in the case of additional data charges. Beyond a financial settlement, regulatory bodies may impose stricter compliance requirements on RGF, potentially subjecting them to ongoing monitoring or audits to ensure future compliance with consumer protection laws.

Allegations

The central allegation of this class action lawsuit is that the company sent unsolicited marketing texts, which means that they made use of customers’ private information for indirect monetary gain through intrusive marketing efforts. The breakdown of the allegations is as follows:

• Violating the TCPA: The TCPA, or Telephone Consumer Protection Act, regulates telemarketing communications and prohibits companies from sending unsolicited messages without obtaining prior consent from recipients. In sending unsolicited marketing texts, the defendant is potentially in direct violation of the TCPA.
• Failure to Honor Opt-Out Requests: The plaintiffs attest that they chose to opt out of receiving marketing texts from Real Good Foods, but the company continued to send the messages despite these requests. This not only violates the TCPA but also worsens the invasion of privacy and consumer aggravation.
• Lack of Compliance with Telemarketing Policies: The plaintiffs argue that Real Good Foods’ failure to honor opt-out requests could mean that they do not maintain written policies for text marketing, train personnel for text marketing, maintain a standalone do-not-call list, or all of these.
  

If proven true, the allegations against the company could have significant repercussions. Violating the Telephone Consumer Protection Act (TCPA) by sending unsolicited marketing texts without prior consent can lead to hefty fines and statutory damages. 

Failure to honor opt-out requests not only exacerbates the invasion of consumer privacy but also reflects poorly on the company’s compliance with federal regulations.

Company’s Stance on the Case

Real Good Foods denies all wrongdoing alleged by the plaintiff in the class action lawsuit. The company refutes all claims of liability and damages, both those currently asserted and any potential future claims. Firmly maintaining that it did not violate the TCPA, Real Good Foods contends that the claims in this litigation are not suitable for class treatment should the litigation proceed to trial.

Settlement Details

Real Good Foods agreed to a settlement fund totaling $1,253,159.25 to compensate affected individuals. Eligible class members include those who received an unsolicited text message from the company after April 5, 2024, including those who received a text even after they have opted out. Each class member is entitled to one of two payment options: a cash amount capped at an estimated $8.25 per person, depending on the number of claims, or a $25 Real Good Foods voucher.

Timeline of Action

The Real Good Foods class action lawsuit has progressed through most of its litigation proceedings and has completed its final approval hearing. Here’s how the timeline of action has progressed so far:

• Filing Date: The class action lawsuit titled Cassidy v. Real Good Foods, LLC, Case No. 2024-006078-CA-01, was filed on April 04, 2024, in the Circuit Court Of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida.
• Claim Filing Deadline: The deadline to file claims passed on July 30, 2024. 
• Final Approval Hearing: The settlement’s final approval hearing passed on July 15, 2024.
• Payout Date: The date after payments will start to be distributed to eligible class members has yet to be decided.

To reiterate, the claim filing deadline has passed, and any unclaimed settlement funds will likely be redistributed among other class members. The deadline to file objections and exclusions passed on June 25, 2024, and only the payout date has yet to be announced. Stay tuned for updates on when the court will decide to release the compensation packages to eligible class members.

How to Stay Updated on Lawsuit Proceedings

If you were eligible to join this class action but were not able to file a claim in time, remember to follow the timeline of the case and remain vigilant for important updates. Here’s how you can receive the latest updates on lawsuit proceedings in a timely manner:

1. Follow Court Filings and Updates

The best way you can stay informed is by monitoring court filings directly through the court’s electronic filing system or the clerk’s office. Doing so will enable you to find motions, court orders, and hearing schedules in real time. Being aware of the major legal actions and developments in class action lawsuits is key to ensuring that your interests are being represented.

2. Check the Settlement Website

The official settlement website for a class action lawsuit is a dedicated platform that provides updates on case progress. They will provide more digestible news on settlement approval status, fund distribution details, and possibly appeals filed. This makes it a reliable and easy-to-read source for staying informed about lawsuit milestones and outcomes.

3. Monitor News Outlets

News outlets can provide coverage of the lawsuit that official sources may not publish. They can also give key industry insight through their expert sources, which can give you a complete idea of where the case is heading. The best news outlets to follow would be those that specialize in the industry to which the defendant belongs – in this case, the food sector – as well as those that specialize in class action lawsuits, like the Sparrow’s blog.

4. Visit Forums and Social Media Platforms

Online forums and social media channels that discuss the lawsuit can also be good places to get updates and announcements. These can often appear much sooner than any other sources can publish. Because of the more community-driven nature of these platforms, you may also find input from individuals who can provide important insight as to the progress of the case.

Key Takeaway

Real Good Foods’ persistent unsolicited text messaging to consumers, even after they opted out, is a clear example of disregarding consumer consent that pervades modern commerce. This behavior not only disrupted individuals’ daily lives but also violated their privacy and statutory rights, which are protected under the TCPA. With the $1.25 million settlement they agreed to, it is expected that they will reconsider such actions in the future.

If you missed your chance to file a claim to this settlement, remember to stay informed about future class actions. You can do this by following court filings, visiting official settlement websites, monitoring industry-specific news outlets, and joining forums or social media channels. These sources can provide real-time updates, expert insights, and community-driven information.

Did you or anyone close to you get wronged by corporate misconduct? Don’t hesitate to contact Sparrow for help. You may be eligible for an upcoming or ongoing class action, and we have the resources to streamline the process of filing for claims, while helping you navigate the risks involved in the class action lawsuits and eventually get the compensation you deserve.