Hi again TCPAWorld! Another quick one for you.
In a new class action complaint, popular cookie company Crumbl LLC is being sued for allegedly sending telephone solicitation text messages to numbers on the National DNC Registry in violation of the TCPA. The suit was filed in the Eastern District of Michigan by plaintiff Victoria Soboleski—the very same plaintiff currently suing Michael Kors over similar allegations. Sobolenski v. Crumbl LLC, Case No. 2:25-cv-11839-JEL-DRG.
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In fact, this will be (including the Michael Kors lawsuit) her seventh TCPA lawsuit (2 filed in 2024, 5 filed in June of 2025):
- Soboleski v. Party Pizza Roseville, Inc., 2:24-cv-13138
- Soboleski v. Luminess Direct LLC, 2:24-cv-13397
- Soboleski v. Clutch, Inc., 2:25-cv-11698
- Soboleski v. MCM Products USA Inc., 2:25-cv-11699
- Soboleski v. TerrAscend Corp., 4:25-cv-11763
And in each of these cases, she is/was represented by the Wolf, Anthony Paronich.
Here, the plaintiff is alleging that Crumbl sent telephone solicitations to her number that she registered on the National DNC Registry without her consent (and that those messages were intended for someone else).
The plaintiff seeks to represent the following class:
All persons throughout the United States (1) who did not provide their telephone number to Crumble LLC, (2) to whom Crumble LLC delivered, or caused to be delivered, more than one voice message or text message within a 12-month period, promoting Crumble LLC goods or services, (3) where the person’s residential or cellular telephone number had been registered with the National Do Not Call Registry for at least thirty days before Crumble LLC delivered, or caused to be delivered, at least two of the voice messages or text messages within the 12-month period, (4) within four years preceding the date of this complaint and through the date of class certification.
Again, the TCPA restricts telephone solicitations to individuals who have registered their numbers on the National DNC Registry. Once a number is on the registry for 30 days, companies are generally prohibited from making “telephone solicitation” calls to it. A person who receives more than one call or text in a 12-month period in violation of this rule can sue.
“The term telephone solicitation means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message:
(i) To any person with that person’s prior express invitation or permission;
(ii) To any person with whom the caller has an established business relationship; or
(iii) By or on behalf of a tax-exempt nonprofit organization.”
Thus, by definition, a “telephone solicitation” under the TCPA does not include calls or messages made by or on behalf of a tax-exempt nonprofit organization, calls to a person with whom the caller has an established business relationship, or calls to a person who has given the caller their express prior permission to call.
Crumbl’s lawyers will undoubtedly be looking for any purchase history. If Soboleski bought a cookie from Crumbl in the last 18 months, Crumbl can raise the “Established Business Relationship” defense, which could crumble the plaintiff’s ability to represent the class.
We’ll be watching to see how it pans out.
Here is the full complaint: CLICK HERE