Domino’s Pizza Text Message Ad Class Action

A recently filed class action lawsuit is accusing Domino’s Pizza of sending unsolicited text messages to customers to promote its products. The Domino’s class action is just the latest in a string of class action lawsuits filed by consumers against various companies for sending them pesky text ads without their permission.

Plaintiff Jonathan Bailey filed the Domino’s Pizza class action lawsuit on December 22, 2010 in New Orleans Federal Court. Bailey claims he received multiple text message ads from Domino’s on his cell phone within the last four years. The lawsuit alleges thousands of people have received text messages from Domino’s — which are used as part of Domino’s marketing and advertising campaign to promote its products and services — without their prior express consent.

According to the Domino’s text ad class action lawsuit, sending these texts without prior express consent violates the Telephone Consumer Protection Act. We have seen an increase lately in the number of class action lawsuits and settlements against companies and marketers for violating the TCPA by sending unauthorized text advertisements. Marketers argue that the TCPA only prohibits companies from using automatic telephone dialing systems to make unauthorized calls to cell phones, but it does not apply to sending wireless ads. Many have also unsuccessfully argued that the TCPA is too vague to enforce what constitutes “express prior consent.”

We’ve reported on several big class action lawsuit settlements concerning text message advertisements, including one against Burger King and the promoters of the Robots DVD and Stephen King’s book “Cell.” Many of the text ad settlements have garnered large cash benefits for class members, so we will keep you posted on the progress of the Domino’s Pizza text message ad class action lawsuit (Case No. 2:10-cv-00004).