Hooter’s Faces Text Spam Class Action Lawsuit in Calif. Federal Court

Last month, Hooters of America LLC was hit with a proposed text spam class action lawsuit by a California consumer, alleging that the restaurant chain sent him text messages without his informed consent, which he argues is in violation of the Telephone Consumers Protection Act (TCPA).

Lead plaintiff David Lucas filed this TCPA class action lawsuit in California federal court, claiming to have received several unsolicited text messages from Hooters during the months of June and July. These alleged text messages reportedly advertised deals for appetizers to be redeemed at the popular restaurant.

Lucas claims that he never knowingly and willingly disclosed personal information like his cellphone number to Hooters and also alleges that he never consented to receive messages from the restaurant.

According to the Hooter’s class action lawsuit, “The aforementioned SPAM text messages were form texts that were sent to consumers en masse and not just solely to the Plaintiff, which is indicative of the use of an automatic telephone dialing system.”

The TCPA limits how and when a business of any kind can contact a consumer, and according to the claims and allegations filed by Lucas, it seems that Hooters may have infringed on his and other consumers’ rights through these alleged text messages. Lucas is seeking monetary compensation from Hooters in the form of general and punitive damages that would roughly translate to $500 for each alleged violation of the TCPA by Hooters to be paid to the proposed Class.

This is not the first time Hooters has been hit with a TCPA class action lawsuit alleging spam text message practices. Earlier in August, another California resident, Peyton Zandifaez, filed a Hooter’s TCPA text spam lawsuit with similar allegations as Lucas’ class action lawsuit. Hooters has declined to comment on either of these lawsuits.

The Hooters TCPA Text Spam Class Action Lawsuit is Lucas v. Hooters of America LLC, Case No. 3:14-cv-01958, in the U.S. District Court for the Southern District of California.

What is The Telephone Consumer Protection Act (TCPA)?

In 1991, Congress passed the TCPA to restrict businesses’ telephone soliciting and marketing, with specific sections addressing the use of automated (robocall) dialing equipment. Automated dialing systems are no longer simply used to make over-the-phone messages. This equipment is also used to spam consumers with text messages. Whether it is over the phone pre-recorded messages or spam texts, these are all considered violations of the TCPA.

According to the Federal Communications Commission’s Website: “The TCPA and the FCC’s rules ban many text messages sent to a mobile phone using an autodialer. These texts are banned unless (1) you previously gave consent to receive the message or (2) the message is sent for emergency purposes. This ban applies even if you have not placed your mobile phone number on the national Do-Not-Call list of numbers telemarketers must not call.”

Hooters is not the only business that has allegedly violated TCPA rules through unsolicited text-spam messages. Many business, banks, and other entities who employ automated dialers to call consumers without their expressed consent are facing potential TCPA class action lawsuits.

Join a Free TCPA Class Action Lawsuit Investigation

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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