Jack In The Box Class Action Alleges Cell Phone Advertising Text Messages

Jack in the Box sent unsolicited cell phone advertising text messages, according to a recent TCPA class action against the restaurant chain.

According to plaintiff Igor P., Jack in the Box failed to get consent from him and other consumers before bombarding their cell phones with unsolicited text messages containing coupons. These text messages allegedly violated the Telephone Consumer Protection Act (TCPA).

Igor allegedly received a text message on Feb. 14 offering a buy one get one deal for shakes. Igor argues that he never consented to receive cell phone advertising text messages from the restaurant.

The unsolicited text allegedly “aggravated [him], wasted his time, invaded his privacy, diminished the value of the cellular services he paid for, caused him to temporarily lose the use and enjoyment of his phone, and caused wear and tear to his phone’s data, memory, software, hardware, and battery components.”

The text was reportedly sent from a short code and lacks any personalization which Igor argues is indicative of the texts being sent en masse. According to the spam text class action lawsuit, shortcodes can be used to send a large number of text messages at once using an automatic dialing system. Igor argues that Jack in the Box used this technology to send him and other consumers unsolicited text messages.

“Jack in the Box, or a third-party acting on its behalf, sent substantively identical unsolicited text messages en masse to the cellular telephone numbers of thousands of consumers,” the TCPA class action lawsuit alleges.

“This is evident from the text messages’ commercial and generic content, that the text messages were unsolicited, and that they were using an automatic telephone dialing system.”

In his TCPA class action, Igor P. seeks to represent a Class of consumers who were sent a text message from Jack in the Box through an automatic dialing system within the last four years. He seeks actual damages, statutory damages, court costs, attorneys’ fees, and an injunction prohibiting Jack in the Box from sending further unsolicited telemarketing text messages.

The Jack in the Box TCPA Class Action Lawsuit is Popov v. Jack in the Box Inc., Case No. 2:20-cv-00485-RFB-EJY, in the U.S. District Court for the District of Nevada.

Laws Against Cell Phone Advertising Text Messages

Consumers, such as Igor in the Jack in the Box class action lawsuit, are protected from unsolicited cell phone advertising text messages by the Telephone Consumer Protection Act. This federal law was passed in 1991 and has since been amended to update federal protections against telemarketing communications.

Previously companies may have tried to dodge TCPA liability by citing an established business relationship. For example, a restaurant may have skirted the law with the fact that consumers provided their information to be part of a rewards program.

However, 2012 changes to TCPA closed this loophole. Now, companies are required to obtain “prior express written consent” from consumers before robocalling them. The changes also required robocalls and spam texts to contain an interactive opt-out mechanism so that recipients could stop future telemarketing communications.

With its updated terms, TCPA provides protections against robocalls, spam texts, junk faxes, and more. TCPA amendments already created the national Do Not Call Registry. If consumers register their number on this list, telemarketers are not allowed to contact them.

If you were sent unsolicited cell phone advertising texts, you may be able to take action under TCPA. The law provides up to $1,500 in compensation for each violation (i.e. for each text or call received without your consent). Even smaller awards from a TCPA settlement can provide significant compensation for plaintiffs and other consumers who received the same type of texts or calls.

Join a Free Text Message Coupon Class Action Lawsuit Investigation

If you have received coupons or sales advertisements in a text message from a restaurant or clothing retailer and your phone number is registered with the National Do Not Call registry, you may be entitled to compensation.

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This article is not legal advice. It is presented 
for informational purposes only.