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Judge OKs Papa John‘s Text Message Class Action Lawsuit
By Sarah Pierce
A federal court certified a nationwide class action lawsuit last week against Papa John’s for sending unwanted text messages to customers advertising Papa John’s pizza. The potential damages in the case could top $250 million – the largest award ever recovered under the federal Telephone Consumer Protection Act (TCPA).
The newly certified Papa John’s text spam class action lawsuit accuses the pizza chain of sending more than 500,000 illegal text messages to Papa John’s customers across the country. Under the TCPA, these customers could be awarded $500 or more in statutory damages for each illegal text message they received.
Why are they illegal? The TCPA prohibits companies from contacting people on their cell phone without prior express permission. This includes SMS and text messages, as well as phone calls made with an autodial system (i.e., “Robocall”) or using a prerecorded voice message. Violating the TCPA carries a $500 fine per violation. If plaintiffs can prove the TCPA violation was intentional, the fine jumps to $1,500 each time a company unlawfully contacted them.
Erin Chutich, one of the plaintiffs in the Papa John’s TCPA class action lawsuit, says she began receiving text messages advertising pizza specials shortly after ordering a pizza from Papa Johns.
“Papa John’s never asked permission to send me text message advertisements,” Chutich says. “Hopefully, this will be an important victory for consumers. Our lawsuit is about keeping spam from spreading from our email to our cell phones.”
An attorney representing Chutich and other Papa John’s customers agreed, saying, “Many customers complained to Papa John’s that they wanted the text messages to stop, and yet thousands of spam text messages were sent week after week. This should be a wakeup call to advertisers. Consumers do not want spam on their cell phones. If you do not have permission from your customers, do not send them text messages. It’s as simple as that.”
UPDATE: Details on how to file a claim for the Papa John’s Pizza Text Settlement have arrived!
If you received an unsolicited text message or phone call to your cell phone, you may have a legal claim. Submit your information for a free review of your claims by visiting the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. The consumer advocates working this investigation do not get paid unless you secure a class action lawsuit settlement.
Updated August 2nd, 2013
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3 thoughts onJudge OKs Papa John’s Text Message Class Action Lawsuit
yes we received many messages
PAPA JOHN’S IS A VERY GOOD COMPANY,BUT, THIS IS TOOOOOOOOOO! MUCH! I WANT TO SETTLE FOR 1500.00 USD PER OCCURANCE SINCE 010110!
What if I deleted the texts feom papa johns? Am I covered by this?