In an effort to resolve TCPA claims against them, Checkers Drive In has agreed to a class action settlement to pay consumers who received unwanted text messages from the food company.
Class Members include anyone, nationwide, who got an advertising text message from or on behalf of Checkers or Rally’s between Dec. 21, 2013, to March 8, 2019.
The Checkers unwanted text class action lawsuit alleged that the fast food restaurant lured customers by offering free food if they texted a certain number. The lead plaintiff alleged that, after she texted that number to get a free cheeseburger, she was bombarded by 10 advertising messages from Checkers. The plaintiff said that only a single message offered her the opportunity to opt-out of the advertising messages.
According to the complaint, these Checkers and Rally’s text messages violated the Telephone Consumer Protection Act, or TCPA. Enacted in 1991, the TCPA limits the ability of advertisers to contact potential customers by phone and fax. The Act was updated to include prohibitions against advertising text messages. Failure to comply with the TCPA can lead to big fines for advertisers and the companies who hire them. Each violation can result in a $500 to $1,500 fine.
The Checkers unwanted text class action lawsuit alleged that consumers received these messages without providing prior permission, as required under the TCPA. The plaintiff accused Checkers of wasting her and other Class Members’ time, cell phone data, and battery.
Checkers has denied any wrongdoing, but agreed to pay Class Members two $5 vouchers, good for purchases at any Checkers or Rally’s restaurants. The vouchers will be valid for one year. Further, Checkers has agreed to stop using its database of cell phone numbers to send further advertising text messages.
To make a claim in the Checkers unwanted text class action settlement, Class Members must submit a claim form either online or by mail. The claim form must include the Class Members’ cell number that they used between Dec. 21, 2013 and March 8, 2019.
Claim forms are due July 27, 2020. The deadline to opt out of or object to the Checkers unwanted text class action settlement is July 27, 2020. The final approval hearing for the settlement is scheduled for Aug. 26, 2020.
Consumers who received a Checkers or Rally’s advertising text message on their cell phone between Dec. 21, 2013, to March 8, 2019.
$10 in Checkers or Rally’s vouchers.
Proof of Purchase
Cell phone numbers used between Dec. 21, 2013 and March 8, 2019 must be provided on the claim form.
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
Yates v. Checkers Drive-in Restaurants Inc., et al., Case No. 1:17-cv-09219, in the U.S. District Court for the Northern District of Illinois
Burger TCPA Settlement
c/o JND Legal Administration
P.O. Box 91219
Seattle, WA 98111
BEAUMONT COSTALES LLC
GENERAL COUNSEL FOR CHECKERS DRIVE IN RESTAURANT
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