A federal appeals court dismissed a robocall class action lawsuit filed against Taco Bell, deciding that the company did not play an active role in the marketing campaign that would have affected the lead plaintiff.
In the ruling, the court noted there was a marketing campaign used by several Taco Bell franchise owners in the Chicago area, but that Taco Bell itself did not engage in, or direct, that activity, making it impossible to file a Telephone Consumer Protection Act lawsuit over alleged violations.
However, that does not mean that the plaintiff will not have another shot. While the Taco Bell TCPA lawsuit was dismissed, the allegations could be made against the local franchisees as well as the marketing companies engaged in the alleged illegal practices regarding text message spam. The judge did not rule on the merits of the case but rather only focused on whether Taco Bell could be included in such claims.
For example, there’s been no decision regarding whether the calls came as a result of an automated telephone dialing system, a key portion of the Telephone Consumer Protection Act. Further, there was no finding on whether the plaintiff consented to such messages, which is the other part of the two-prong test for a TCPA violation.
The growing number of TCPA lawsuit complaints filed points to growing consumer awareness of rights regarding limiting text message spam and unwanted phone calls. However, plaintiffs will have to ensure that the two-prong test is met and that the actual company responsible for the messaging is named as the defendant in a TCPA lawsuit.
The Taco Bell Robocall Class Action Lawsuit is Tracie Thomas v. Taco Bell Corp., Case No. 12-cv-56458, U.S. Court of Appeals for the Ninth Circuit.
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. Learn more and see if you qualify for a legal claim at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.
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