Shaun Zinck May 25, 2015, 12:56pm


A food and drug retailer is being sued over allegations that it called individuals' cellphone numbers for solicitation purposes without obtaining prior consent.

Chandra Metts filed the lawsuit on May 8 in U.S. District Court in Washington, D.C. against Safeway Inc., claiming the company violated federal law when telemarketers called the phone numbers.

The lawsuit claims Safeway started the telemarketing in order to compete with other pharmacies in the nation. The automated calls would be made to prior customers using a pre-recorded message to remind customers about flu shots and other goods and services.

Metts claims the company never obtained permission to call customers.

“Because the prerecorded calls were for telemarketing purposes, Safeway was required to have express written consent prior to making the calls,” the lawsuit said.

Metts also claimed in the suit that Safeway violated federal law when it didn't include an option for customers to opt out of those calls.

The lawsuit seeks class status for all individuals who received a telemarketing phone call from Safeway within the last seven years. The suit also seeks an unspecified amount of damages plus court costs.

Metts is represented by Jody Burton of Lemberg Law LLC in Stamford, Conn.

United States District Court District of Columbia case number 1:15-cv-00705.

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