Checkers drive in food

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.

Who’s Eligible

Consumers who received a Checkers or Rally’s advertising text message on their cell phone between Dec. 21, 2013, to March 8, 2019.

Potential Award

$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.

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

7/27/2020

Case Name

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



Final Hearing

8/26/2020

Settlement Website
Claims Administrator

Burger TCPA Settlement
c/o JND Legal Administration
P.O. Box 91219
Seattle, WA 98111
1-844-908-0531

Class Counsel

Roberto Costales
William Beaumont
BEAUMONT COSTALES LLC

Defense Counsel

Vince Brockman
GENERAL COUNSEL FOR CHECKERS DRIVE IN RESTAURANT

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

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46 Comments

  • Rita Phillips May 28, 2020

    Add me

  • Jacob May 23, 2020

    Hi all. I have a question. For these kind of claims, in which the unsolicited text or calls were received for any duration of time on our number, how can we be sure that those unknown calls or text were from which firm/services/institution etc? Should we keep on noting down such incidents and check if any lawsuit has been filed? My main question is how we can know that we qualify any unsolicited texts/calls lawsuit?

  • Polly Lever May 21, 2020

    Please add me

  • LISA CHAISSON May 18, 2020

    add me

  • Tara Matthews May 13, 2020

    add me

  • Lavandre Wilson May 12, 2020

    Checkers be good, but they text up my phone down a mofo

  • Lynn Barensfeld May 11, 2020

    Add me

  • Felicia R Reddick May 9, 2020

    add me in

  • Lisa Hawkins May 5, 2020

    Add me please

  • Letitia Bouie May 5, 2020

    Add me please

  • Trena Ellis April 28, 2020

    Amen

  • Bruce M Barrett April 28, 2020

    ADD ME

  • Renae Craine April 27, 2020

    add me please

  • Tawana Johnson April 27, 2020

    Add me please

  • Randall calano April 21, 2020

    Add me too please

  • Irene Nuzzi April 21, 2020

    Add me also

  • Rosemary Perez April 21, 2020

    Add me please

  • Tashonda hopkins April 17, 2020

    Add me

  • Ivory'ontay Bonam April 15, 2020

    Add me

  • Linda Jones April 12, 2020

    Yes add me

  • Brenda Jones April 10, 2020

    Add me

  • Ivoryontay Bonam April 9, 2020

    Add me please

  • Shalane Gray April 8, 2020

    Please add me

  • DICKY SIMPSON April 7, 2020

    ADD ME PLEASE

  • Linda Hopkins April 6, 2020

    Add Me

  • Janiwana Braylock April 3, 2020

    Please add me.

  • elisa collazo April 3, 2020

    YES, TOO MANY MESSAGES AT ALL TIMES OF THE DAY.

  • Leonor Gonzalez April 3, 2020

    Add me

  • Lucinda Gipson March 28, 2020

    Add me

  • elissasalvatore March 25, 2020

    add me as well

  • David Gresham March 18, 2020

    Add me

  • david bigard March 18, 2020

    add me

  • Charles Cook March 17, 2020

    Add me

  • Gwen Banks March 15, 2020

    Add me please

  • Tawana F Ingram March 14, 2020

    add me

  • Louise Pomaski March 13, 2020

    Add Me

  • Kinda Hopkins March 11, 2020

    Add Me

    • Michael Mowery April 5, 2020

      Add me please

  • Kourtney Bryant March 7, 2020

    Add me

  • Brittney Joseph March 6, 2020

    Add me

  • Jacqueline Washington March 5, 2020

    OMG OUT CHECKERS IS RALLYS AND I GET SO MANY TEXTS I STOPPED BY OPTING OUT ETC STILL GET THEM

  • Mohanreddy March 5, 2020

    IAM from India may I eligible

  • debbie perry March 4, 2020

    Please add me. Always getting message to buy my burgers there

  • MARY BENNINGTON February 24, 2020

    Add me

    • annie ogletree March 6, 2020

      They like tele marketers dnt knw how to stop

  • CHARLES MAYFIELD February 23, 2020

    ADD ME

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