Burger King Faces Class Action Lawsuit Over TCPA Violations

The Burger King Corporation is facing a class action lawsuit alleging the fast food giant violated telemarketing laws. The burger chain recently tried to get the class action lawsuit dismissed, and failed.

The Burger King class action lawsuit alleges the company sent out a mass fax, in violation of the Telephone Consumer Protection Act of 1991 (TCPA). The TCPA is a federal law (though it is often enforced in state courts) that is designed to protect consumers from aggressive or invasive telemarketers. The act came in response to changing technologies that made it easier for companies to contact consumers electronically. For example, autodialers were invented in this time frame. Later court cases have expanded the TCPA’s authority to newer technologies such as text messaging.

The Burger King lawsuit has taken the form of a class action lawsuit. A class action lawsuit is a type of group lawsuit that allows a group of allegedly-harmed individuals to seek legal action against the same defendant. Group lawsuits like class action lawsuits are designed to streamline the legal process and save everyone involved time and money. For example, plaintiffs can pool their resources for their court costs, defendants only have to face a single lawsuit, and the court system only has to hold a single trial. Other plaintiffs can join a class action suit once it is underway.

Initially, Burger King’s attorneys filed several motions to get the Burger King TCPA class action lawsuit dismissed. First, they argued the technicality that the fax was not a traditional ink-on-paper fax, but a mass electronic message. Burger King’s legal team argued that because the fax wasn’t a traditional fax, the TCPA should not apply. However, the judge ruled that as a matter of “common sense,” the TCPA applied in this situation.

Burger King’s legal team also made the argument that TCPA lawsuits were not subject to class action lawsuits. Again, it was ruled that was not the case due to precedent, and the TCPA lawsuit would continue. Specifically, the Supreme Court case of Mims v. Arrow Financial Services LLC was cited as the precedent for TCPA classes working as class action lawsuits.

The TCPA lawsuit is Jay Clogg Realty Group v. Burger King Corporation, Case No. 8:13-cv-00662, in the U.S. District Court for the District of Maryland.

If you received unsolicited telecommunications from Burger King or other companies, you may be entitled to legal compensation. You can start to explore your options by visiting the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation. Here, you can enter information about your situation for a legal review by a trained expert with a background in this type of litigation. The initial consultation is completely free of charge, and from it, you can receive valuable guidance on the best steps to take in your exact situation.