Domino’s Faces New Text Spam Class Action Lawsuit

Domino’s Faces New Text Spam Class Action Lawsuit

By John Curran

A South Florida woman says in a class action lawsuit filed last week that Domino’s Pizza willfully and negligently violated a consumer protection statute by continuing to send her text messages after she had opted out.  

Ashley Law admits in the Domino’s text spam lawsuit, filed August 13, that the company did not violate the Telephone Consumer Protection Act (TCPA) when it first sent her a text message; she had signed up to receive alerts on the pizza giant’s website. However, she took advantage of the opt-out option the same day she received the message, texting “STOP” to the short code 366466 on July 23, 2013. 

The next message, according to her text spam lawyer, was then illegal because not only did she opt out, but a follow-up message confirmed her desire to not receive any new messages. In spite of that, she received another text message on August 3, more than one week later. 

Noting that the TCPA and case law require complaints like the Domino’s text spam lawsuit to demonstrate the likelihood that an automatic or random dialing machine was used, the class action lawsuit notes that due to tens of thousands of people signing up for text alerts for coupons, contacting those parties would be nearly impossible via manual means.

In addition, Law’s text spam lawyer argues that the judge should allow class certification because opt-out rates generally number at least 3.7 percent. That means at a minimum, 40 people could have been affected by the marketing practices of Domino’s Pizza. The class action lawsuit is seeking damages of $1,500 per message, alleging that Domino’s willfully violated the Telephone Consumer Protection Act in sending text message spam to those that asked not to receive additional message.

This is not the first time Domino’s has been in trouble for allegedly contacting customers on their cell phones without their permission. A 2011 class action lawsuit accused Domino’s of sending unsolicited text message ads, and in June, a federal judge approved a $9.75 million class action settlement awarding up to $15 to customers who received an automated “robo-call” advertising Domino’s pizza deals. 

The latest Dominos Text Spam Class Action Lawsuit is Law v. Domino’s Pizza LLC, Case No. 13-cv-22915, U.S. District Court, Southern District of Florida.

If you or someone you know has dealt with unwanted communications from Domino’s or any other company, you have options available to you. Learn more about legal options for victims of text message spam and other TCPA violations at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. You can find out your eligibility to file a lawsuit by filling out the short form there for a free consultation. Don’t delay, as statutes of limitations may hamper your ability to achieve the legal remedy the facts of your case merit.

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions