TCPA Violations Class Action Filed Against Domino’s Pizza

A TCPA class action lawsuit was filed against Domino’s Pizza and mobile marketer MoGreet alleging the fast food restaurant chain sent unsolicited text messages to a customer after he opted out of a coupon offer program, allegedly violating the Telephone Consumer Protection Act (TCPA).

A Florida resident alleges that Domino’s Pizza and MoGreet violated the TCPA by sending text message advertisements to him and other consumers after receiving their “STOP” instructions and seeks to represent a nationwide class of cellphone users who opted out of receiving discount codes from Domino’s after sending a “stop all” message to MoGreet Inc., the company that runs the pizza chain’s text messaging campaign.

Plaintiff Christopher L. alleges in the TCPA class action lawsuit that Domino’s and MoGreet continued to send the unsolicited text messages even after they were told to stop. According to Christopher L., he sent out the “stop” message on July 9. However, despite immediate acknowledgement on the part of the company of receipt of the message together with a promise to stop sending the coupon codes, he received at least two subsequent offer messages from the company.

The TCPA lawsuit further alleges that MoGreet continues to send text message spam in bulk to thousands of customers who registered for an initial coupon by sending a short code to a number provided by Domino’s. Christopher L. claims MoGreet is able to do this through the use of an automatic telephone dialing system, a device that is illegal under the TCPA.

Each unsolicited text message comes with a penalty of between $500 and $1,500, according to the TCPA class action lawsuit. Christopher L. is also seeking to put an end to the companies’ allegedly unlawful actions.

Text Spam and the Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) is the main federal law that seeks to curb text message spam. Put simply, the TCPA bans many text messages sent to a mobile phone using an autodialer. These texts are banned unless you previously gave consent to receive the message or 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 registry.

It is estimated that in the United States alone, more than 1 billion text messages are sent every day. Many of these messages are unwanted and unsolicited by the recipient.

For some cell phone users the problems are not simply an annoyance. Many cell phone carriers charge per received texts and the problem is amplified if the recipient is on a prepaid cell phone plan.

The Domino’s Pizza TCPA Class Action Lawsuit is Case No. 0:14-cv-62704, in the U.S. District Court for the Southern District of Florida.

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.

Get a Free Case Evaluation Now

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.

Get a Free Case Evaluation Now