A class action lawsuit accuses Planet Pooch Mobile, Inc. of violating the Telephone Consumer Protection Act (TCPA) by sending unsolicited telemarketing messages to numbers listed on the National Do Not Call Registry.
Plaintiff Nicholas Clarke alleges that Planet Pooch Mobile used automated technology to send numerous promotional text messages promoting their grooming and boarding services to his personal phone number despite his number being registered on the Do Not Call list since January 2025. According to Clarke, he received at least seven such messages without his consent between March and September 2025, despite responding with "STOP" after several attempts to halt further communication. These texts advertised various services offered by Planet Pooch Pet Resort, including doggie daycare packages and boarding suites.
Clarke argues that these actions constitute a breach of privacy and an infringement upon his rights under the TCPA, which aims to protect consumers from intrusive telemarketing practices. The law prohibits companies from contacting individuals who have registered their numbers on the National Do Not Call Registry without express written consent. The plaintiff contends that Planet Pooch Mobile, Inc.'s disregard for this regulation not only caused him annoyance and disruption but also led to wear and tear on his phone.
Seeking justice for himself and others similarly affected, Clarke is pursuing class-action status for this lawsuit. He aims to represent all individuals across the United States who received more than one unsolicited call or text message from Planet Pooch Mobile within a 12-month period while their numbers were listed on the National Do Not Call Registry. The proposed class could potentially include hundreds of members, given the automated nature of the company's marketing campaign.
In terms of relief, Clarke requests that the court certify the proposed classes and appoint him as a class representative with his legal team serving as counsel for these classes. He seeks statutory damages ranging from $500 to $1,500 per violation, depending on whether they are deemed negligent or willful by the court. Additionally, he calls for injunctive relief prohibiting Planet Pooch Mobile from making further telemarketing calls or sending texts to numbers registered on the National Do Not Call Registry.
The plaintiff is represented by attorneys Linda H. Joseph of Schroder, Joseph & Associates LLP; Cassandra P. Miller and Carly M. Roman of Strauss Borrelli PLLC; along with Anthony Paronich. The case was filed in the United States District Court for the Eastern District of New York under Case ID: 1:25-cv-6197.