Chili’s class action alleges company sends text messages despite stop requests

Chili’s class action lawsuit overview:

• Who: Plaintiff Jonathan Garza has filed a class action lawsuit against Brinker International Inc. d/b/a Chili’s.
• Why: Chili’s allegedly continued to send Garza repeated text messages after he opted out of the communications.
• Where: The Chili’s class action lawsuit was filed in California federal court.

Chili’s violated the Telephone Consumer Protection Act (TCPA) by sending repeated text messages after being asked to stop, according to a class action lawsuit filed June 20 in California federal court.

Plaintiff Jonathan Garza says Chili’s “operates an aggressive telemarketing campaign” and repeatedly sends text messages to phone numbers listed on the National Do Not Call Registry and to consumers who have requested Chili’s to stop texting them.

Plaintiff says he kept receiving Chili’s text messages even after he opted out

Garza says he initially opted in to Chili’s text messages on March 10 so he could receive a free order of chips while dining at a Chili’s restaurant. After receiving additional messages, he texted “Stop” to opt out of further Chili’s text messages. However, Chili’s allegedly failed to honor his request and continued sending him marketing text messages.

Garza says his phone number has been listed on the National Do Not Call Registry since 2003. He also says he has asked Chili’s to stop messaging him repeatedly, but Chili’s allegedly has ignored his requests.

The Chili’s class action lawsuit explains that the National Do Not Call Registry allows consumers to register their phone numbers to prevent telemarketers from initiating telephone solicitations, including text messages, to their phone numbers. 

The TCPA provides that listings on the National Do Not Call Registry “must be honored indefinitely, until the registration is cancelled by the consumer or the telephone number is removed by the database administrator,” the Chili’s class action lawsuit states.

Garza says that he and the other class members are entitled to an award of up to $1,500 in statutory damages for each Chili’s text message that was sent in violation of the TCPA.

Palm Beach Tan was recently hit with a similar class action lawsuit alleging the company continued to send text messages after the plaintiff opted out.

Have you received Chili’s text messages after you texted “Stop” to opt out of the communications? Tell us about your experience in the comments!

Garza is represented by Trinette G. Kent of Lemberg Law LLC.

The Chili’s class action lawsuit is Jonathan Garza v. Brinker International Inc. d/b/a Chili’s, Case No. 2:23-cv-04848, in the U.S. District Court for the Central District of California, Western Division.

Read About More Class Action Lawsuits & Class Action Settlements:

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