Pollo Tropical Advertising Text Messages Class Action Settlement

A $975,000 settlement has been proposed in a class action lawsuit alleging Pollo Operations Inc., which operates the Pollo Tropical restaurant chain, violated the Telephone Consumer Protection Act (TCPA) by sending text messages to phone numbers that had been reassigned after the prior owner of the telephone number had consented to receive text messages.

If you received text messages on behalf of Pollo Operations between March 1, 2012 and March 15, 2017 and you did not consent to receive such communications, you may be entitled to benefits from the TCPA class action settlement.

“In an effort to increase its bottom line and garner market share in the restaurant industry, Pollo Operations engaged in a systemic marketing campaign, which involved sending Pollo Tropical coupons via text messages to consumers’ cellular telephone numbers using an automatic telephone dialing system,” the Pollo Tropical TCPA class action lawsuit says.

“However, Defendant did not obtain prior written express consent for these text messages. As a result, many consumers received the above-described text messages to their cellular telephone numbers from Defendant, despite having no business relationship with Defendant.”

Plaintiff Mark Preman says these unsolicited Pollo Tropical text messages caused him and the Class Members to suffer harm, including the aggravation of receiving unwanted text messages and the money paid to wireless carriers for the receipt of the texts. He claims he received about 15 to 20 Pollo Tropical promotional text messages between January 2015 and February 2016.

According to the Pollo Tropical class action lawsuit, these unsolicited text messages violated the TCPA, which prohibits the use of automatic telephone dialing systems to send calls or text messages to consumers’ cell phones without their express consent.

Pollo Operations denies the allegations but agreed to settle the TCPA class action lawsuit and avoid the burden and expense of ongoing litigation.

Class Members who would like to opt out of or object to the Pollo Tropical TCPA settlement must do so no later than June 25, 2018.

Who’s Eligible

Class Members of the Pollo Tropical TCPA settlement include: “All persons who received text messages on behalf of Pollo Operations from March 1, 2012 to March 15, 2017 to telephone numbers that had been reassigned to them after the original or prior owners of the telephone numbers consented to receive such text messages from Pollo Operations, who did not consent to receive such text messages, and who can be identified through the reverse telephone number look-up process utilized by the Settlement Administrator.”

Potential Award

Up to $50.

The amount each eligible claimant will receive depends on the total number of approved claims.

Proof of Purchase

N/A. Claimants must verify ownership of the phone number at which they received unwanted Pollo Tropical advertising text messages.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

7/16/2018

NOTE: Class Members may file a claim online (see link above) or download a Claim Form here.

Case Name

Preman, et al. v. Pollo Operations Inc., Case No. 6:16-cv-00443-ORL-41GJK, in the U.S. District Court for the Middle District of Florida, Orlando Division

Final Hearing

8/9/2018

UPDATE: The Pollo Tropical Advertising Text Messages Class Action Settlement was granted final approval on August 6, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.PolloTextSettlement.com

Claims Administrator

Preman v. Pollo Operations
c/o Angeion Group
1801 Market Street, Suite 660
Philadelphia, PA 19103
PolloTextSettlement@AdministratorClassAction.com

Class Counsel

John Yanchunis
Jonathan Cohen
MORGAN & MORGAN COMPLEX LITIGATION GROUP

Defense Counsel

Jeffrey J. Mayer
ACKERMAN LLP

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

GET A FREE CASE EVALUATION NOW