Checkers Class Action Lawsuit Says Restaurant Serves Unwanted Texts

Checkers Drive-In has been hit with a class action lawsuit over claims that the restaurant sends unwanted text messages to potential customers advertising deals and coupons.

Lead plaintiff Robert Lodge says that between June and July of 2018 he received three text messages from Checkers offering coupons for fries, cheeseburgers, and other deals on fast food.

However, Lodge claims that he never authorized these text messages.

“Defendant’s unsolicited text messages caused plaintiff actual harm, including invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass and conversion,” states the Checkers class action lawsuit. “Defendant’s text messages also inconvenienced plaintiff and caused disruption to his daily life.”

The plaintiff says that he is not the only one who was sent spam text messages from the fast food chain – he alleges that thousands of others received the unwanted messages as well.

“Through this action, Plaintiff seeks injunctive relief to halt Defendant’s illegal conduct, which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals,” alleges the Checkers class action.

Lodge contends that in addition to harassing him and other proposed Class Members, Checkers violated federal consumer protection laws.

The Telephone Consumer Protection Act requires that companies receive prior permission before using telemarketing tactics, including text messaging, to contact consumers.

“Because Defendant knew or should have known that Plaintiff and Class Members had not given prior express consent to receive its autodialed calls, the Court should treble the amount of statutory damages available to Plaintiff and the other members of the putative Class,” alleges the Checkers class action lawsuit.

Under the TCPA, companies who are found to have violated the law can be subject to substantial fines – up to $1,500 per unwanted message.

“While the aggregate damages sustained by the class are in the millions of dollars, the individual damages incurred by each member of the class resulting from defendant’s wrongful conduct are too small to warrant the expense of individual lawsuits,” contends the Checkers class action lawsuit.

“The likelihood of individual class members prosecuting their own separate claims is remote, and even if every member of the class could afford individual litigation, the court system would be unduly burdened by individual litigation of such cases.”

The Checkers class action lawsuit seeks to represent a nationwide Class of consumers who, in the past four years, have received an unwanted text message from the drive-in restaurant.

The plaintiff is seeking actual and statutory damages as well as a court order stopping Checkers from allegedly violating the TCPA.

Lodge and the proposed Class are represented by Andrew J. Shamis and Garrett O. Berg of Shamis & Gentile PA, Scott Edelsberg and Jordan D. Utanski of Edelsberg Law PA and Manuel S. Hiraldo of Hiraldo PA.

The Checkers Coupon Texts Class Action Lawsuit is Lodge, et al. v. Checkers Drive­-In Restaurants Inc., Case No. 9:19-­cv-­80672, in the U.S. District Court for the Southern District of Florida.

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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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