Taco Bell Wrapped Up in Text Spam Allegations

By Sarah Mirando | June 14, 2013

Category: Legal News

By Jessica Tyner

It looks like “fake meat” might not be the only obstacle Taco Bell’s facing. Last year, a Taco Bell TCPA class action lawsuit was filed claiming the mega fast food retailer violated Telephone Consumer Protection Act (TCPA) laws. Filed as Ibey vs. Taco Bell, supposedly the taco seller used customer satisfaction cards to send text spam to customers under a short-code program. The TCPA is strict when it comes to texting or calling with an automated device.

The Taco Bell text class action lawsuit began when the company allegedly texted a customer to confirm their un-subscription from the service. The customer had texted “STOP” in a reply to Taco Bell, and the company sent an automatic reply to confirm that the customer was no longer subscribed. However, when the customer had texted “STOP,” he had officially requested to no longer be contacted by Taco Bell. These nuances and technicalities are exactly what get huge retailers into TCPA trouble.

The Real Cost of a Text

Many people have unlimited texting, but others are charged a fee for every text received. Whether or not a person has unlimited texting, a TCPA violation comes with a hefty $1,500 fine per violation. That might not seem like much for a huge restaurant, but it can quickly add up. Imagine how many people Taco Bell may be texting considering the popularity of the chain.

In the Taco Bell text class action lawsuit, the case was dismissed — but that doesn’t mean it was frivolous. Other class action lawsuits have been upheld in nearly identical situations. The confirmation of an opt-out text is at the heart of many TCPA lawsuits. Unfortunately for Ibey, the judge in this case said the purpose of TCPA is to prevent bulk, spam email. He didn’t see a link between Taco Bell’s confirmation text and a violation of privacy. Also, it’s clear that the confirmation wasn’t a bulk message, although it was certainly an automated one.

The Appeal

Ibey has stated that he plans to appeal the judge’s decision, which is typical in these circumstances. TCPA regulations are constantly evolving, and the Taco Bell case is important as part of the ongoing research of just what breaks TCPA rules and what doesn’t. Just because one judge doesn’t think a confirmation text violates TCPA rules doesn’t mean a different judge wouldn’t rule otherwise.

TCPA laws are complex, but the Taco Bell case focused particularly on the use of automated dialing systems to contact people via calls or texts for market research purposes. When market research is involved, the participant needs to explicitly agree to be contacted by an automatic system.

Have You Received Unwanted Texts?

Are you the recipient of unwanted texts or calls made by an automated system? If so, you might qualify for a TCPA legal claim. It all depends on how the call was made and what consent (if any) you gave.

Discover more about your rights at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. After submitting your information, a lawyer will contact you if you have a case to go over your TCPA claim review.