Subway Class Action Alleges Sandwich Maker Sends Unsolicited Promotional Texts

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Subway Promotional Texts Class Action Lawsuit Overview: 

• Who: Ryan Turizo filed a class action lawsuit against Subway Franchisee Advertising Fund Trust Ltd, which the company recently failed to have dismissed. 
• Why: Turizo claims Subway violates the law by placing unsolicited advertising text messages to numbers on the National Do Not Call Registry. 
• Where: The class action lawsuit is filed in Florida federal court. 

Subway sends unsolicited advertising text messages to numbers listed on the National Do Not Call Registry, a class action lawsuit filed last July alleges. 

Plaintiff Ryan Turizo claims Subway violates the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA) by sending the unsolicited advertising texts. 

He claims that, despite having his number on the National Do Not Call Registry, Subway has “bombarded” his cell phone with “text message solicitations,” according to court documents. 

Subway, meanwhile, has failed to get the judge overseeing the class action lawsuit to dismiss it with its request thrown out by a Florida federal judge last week. 

The fast-food sandwich chain unsuccessfully argued Turizo had failed to adequately claim it violated either the TCPA or the FTSA, according to an order denying Subway’s motion to dismiss.  

Subway argued that the do-not-call provision of the TCPA originally applied only to “residential” phone lines and that the FCC had “overstepped its rulemaking authority” by expanding it to cover cell phone numbers. 

Subway Class Action To Move Forward As Judge Rules Court Must ‘Enforce’ FCC Rules

U.S. District Judge Rodolfo A. Ruiz II ruled that the court must “enforce the rules and regulations set forth by the (Federal Communications Commission),” according to the order. 

“Those rules prohibit unsolicited telephone advertisements to residential and cellular telephone numbers that have been registered on the DNC Registry,” the judge wrote.

Ruiz also upheld Turizo’s claim that Subway violated the FTSA by using an autodialer to make the unsolicited advertising text messages. 

“While the TCPA defines exactly what constitutes an autodialer, the FTSA does not,” the judge wrote. “Consequently — unlike the TCPA — nothing in the FTSA requires an autodialer to be capable of randomly or sequentially generating telephone numbers.”

Last June, a judge denied Subway’s request to move a similar class action lawsuit alleging it violated the law by sending unsolicited text messages to arbitration. 

Have you received an unsolicited advertising text from Subway? Let us know in the comments! 

The plaintiff is represented by Manuel S. Hiraldo of Hiraldo PA and Jibrael S. Hindi of The Law Offices of Jibrael S. Hindi.

The Subway Promotional Texts Class Action Lawsuit is Turizo v. Subway Franchisee Advertising Fund Trust Ltd., Case No. 0:21-cv-61493, in the U.S. District Court for the Southern District of Florida.

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