Single Text Message to Los Angeles Man Lands Boston Market With Class Action Lawsuit

In a lawsuit filed against Boston Market last Thursday, Los Angeles man J.M. says the food business breached the Telephone Consumer Protection Act (TCPA) when it sent him a single text last year. 

The TCPA is a federal law that broadly regulates the use of automated telephone equipment, including for unwanted text messages.

J.M. said he called Boston Market in November last year to inquire about a holiday meal package. 

He wasn’t able to speak to a live representative, he said, instead he heard a pre-recorded message stating the company was unable to take his call at the moment due to a high volume of calls, and then it disconnected.

Several hours later, J.M. said he received an unsolicited text message from Boston Market, thanking him for his call and offering a website address to place an order.

However, J.M. said he did not authorize the company to text him, and has had his number registered on the National Do Not Call Registry since March 2017.

“Upon information and belief, [Boston Market] used Caller ID technology to capture and store the phone number of incoming calls so that marketing text messages can be transmitted to potential customers,” the lawsuit states. 

J.M. said there were no methods provided in the text to have the company stop sending him text messages. He said the text was a nuisance, invaded his privacy and distracted him. 

He added that the same text was likely sent to thousands of other people’s cell phones, as he believed Boston Market used an automated telephone dialing system to send the message — a practice prohibited in certain forms under the TCPA.

“The text message at issue sent by [Boston Market] constituted an ‘advertisement’ and/ or ‘telemarketing’ as prohibited by the TCPA because [it] sent the text message to [J.M.] in order to advertise its rotisserie meals and catering services and encourage [J.M.] to place an order with [Boston Market],” the lawsuit states.

The plaintiffs are seeking to represent a Class of United States residents who were sent an automated marketing text message by Boston Market following a call to the company in the last four years.

He is suing Boston Market under the TCPA, seeking damages of $500 for every negligent violation of the act and damages of $1,500 per text message for every “knowing” violation of the act.

The lawsuit is seeking certification of the Class, an injunction preventing the alleged behavior in the future, costs and fees, interest and a jury trial. 

It’s been three decades since the TCPA became law, and it’s poised to get a lot of attention in 2021 because of another year of Supreme Court activity. Read more about what that may mean for consumers here. 

In 2016, Boston Market also faced a class action lawsuit alleging its website failed to provide adequate accessibility features for blind persons.

What do you think of Boston Market using a consumer’s phone number to send a text message? Let us know in the comments! 

The plaintiffs are represented by Abbas Kazerounian, Mona Amini and Pamela E. Prescott of Kazerouni Law Group. 

The Boston Market TCPA Class Action Lawsuit is J.M. et al, v. Boston Market Corporation, Case No. 2:21-cv-02634, in the United States District Court Central District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

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• Do Not Call List TCPA Violations Class Action Lawsuit Investigation
• JP Morgan Chase ‘Bombarded’ Disabled Woman With Debt Collection Calls, Lawsuit Claims
• Do You Qualify: Wrong Number Robocalls, Text Messages | Business & Debt Collector Lawsuit Investigation