Red Robin Class Action Says Reward Program Texts Violate TCPA

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A consumer alleges in a class action lawsuit that Red Robin violated the Telephone Consumer Protection Act by sending out unauthorized telemarketing texts.

The lead plaintiff the Red Robin TCPA class action lawsuit, John Geraci, claims that he and other consumers continued to receive promotional texts to their cell phones even after they tried to opt out.

“Red Robin regularly sends out automated, template-based text messages to consumers advertising the Red Robin Royalty program itself and various promotions and sales offered via the Red Robin Royalty Program,” alleges the Red Robin class action lawsuit.

“However, Red Robin does not allow consumers to opt out of receiving future messages, resulting in consumers’ repeated receipt of unwanted, unauthorized automated text messages.”

The Red Robin TCPA class action lawsuit says that despite telling consumers that they can opt out of the rewards program promotional messages by replying “STOP,” the restaurant chain continues to send messages.

The plaintiff, a resident of New Jersey, says that he has been unable to get Red Robin to stop sending him promotional text messages.

“After receiving text messages from Red Robin advertising the Red Robin Royalty program and a 50% promotion, Plaintiff responded ‘Stop’ as instructed to stop the messages,” alleges the Red Robin class action lawsuit.

“But despite acknowledging his request and promising that the ‘text messages have been canceled,’ Red Robin continued thereafter to send additional telemarketing text messages to Plaintiff, causing Plaintiff frustration, inconvenience, annoyance and cost.”

The Telephone Consumer Protection Act, or TCPA, is a federal law that protects consumers from unwanted telemarketing calls and messages to their mobile phones.

Companies who are found to have violated the TCPA can be hit with steep fines – from $500 to $1,500 per violation.

Though the TCPA was enacted in the 1990s, the Federal Communications Commission has clarified the meaning of the law to extend to text messages sent to consumer’s cell phone without prior express authorization.

Additionally, the agency has found that consumers can revoke their consent to receive such messages, as the plaintiff alleged he did, “at any time and through any reasonable means.”

Companies, according to the Red Robin class action lawsuit, are required to provide consumers with a “direct opt-out mechanism” if they choose to use automated text messages to advertise.

“Plaintiff’s time was wasted tending to Red Robin’s text messages sent after he expressly requested, as directed by Red Robin, that they stop,” alleges the Red Robin class action lawsuit.

Further, “Receipt of Defendant’s unauthorized messages caused Plaintiff to use limited data and text messaging capacity on his cellular telephone plan. Receipt of Defendant’s unauthorized messages drained Plaintiff’s phone battery and caused Plaintiff additional electricity expenses and wear and tear on his phone and battery.”

The Red Robin TCPA class action lawsuit seeks to represent consumers who, over the past four years, received Red Robin Royalty text messages after attempting to opt out or who never provided consent to receive the messages.

The plaintiff is seeking damages as well as injunctive relief.

Geraci is represented by Sofia Balile of Lemberg Law LLC.

The Red Robin TCPA Class Action Lawsuit is Geraci v. Red Robin International Inc., Case No. 1:18-cv-15542, in the U.S. District Court for the District of New Jersey.

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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.

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