Pizza Hut Accused of Sending Unsolicited Coupons by Text Message

A woman has filed a TCPA class action lawsuit against Pizza Hut alleging the restaurant sent her coupons by text message without her permission.

Plaintiff Marsha Kennedy filed the lawsuit that accuses Pizza Hut of violating the Telephone Consumer Protection Act (TCPA) by sending unwanted text messages to her cell phone and the cell phones of countless others across the U.S.

The TCPA makes it illegal for businesses to send advertising or marketing messages through robocalls, text messages, faxes or ringless voice mail through an automated dialing system without first receiving express written permission from the recipient.

Kennedy alleges she received numerous text messages from Pizza Hut or an intermediary over the course of four years. Around Jan. 21, 2020, one text message advertised 50 percent off pizzas and included a link to a Pizza Hut website. The text message was meant to promote Pizza Hut’s products and to sell their products to the recipients of the text message.

Coupons by Text Message Sent En Masse

That text message and others allegedly were sent by an automated system that required no human intervention with hardware and software that received and stored telephone numbers and automatically dialed the numbers. Such automation allows businesses to send coupons by text message to thousands of people at one time.

Each text message appeared to come from either the number 31524 or 69488. According to the TCPA law suit, these five-digit numbers are dedicated SMS short-code phone numbers that are leased or owned by or on behalf of Pizza Hut. The short codes are a marker that the text messages were transmitted en masse without human intervention.

Kennedy says in court documents that her cell phone alerts her whenever she receives a new text message. Whenever she received a text message from or on behalf of Pizza Hut, Kennedy alleges the receipt of the text invaded her privacy and intruded upon her seclusion.

Proposed class members include people in the U.S. who at any time between the four years preceding the filing of this action and the present:

• Subscribed to a cell phone service;
• Received at least one text message sent by or on behalf of Pizza Hut from the SMS short code phone number 31524 or 69488; and
• Is a recipient for whom Pizza Hut lacks any confirmation that the person provided express written consent to receive such messages.

Spam Text Might Contain More Than a Message

According to US.Norton.com, legitimate companies will not ask for personal information through a text message. Text messages from spammers may contain malware that is able to collect private information from your phone. Malware that infects a cell phone can slow its performance and hog its memory. If a spammer is able to download your information, you could be at risk of identity theft.

The Coupons by Text Message Lawsuit is Marsha Kennedy v. Pizza Hut LLC, Case No. 2:20-cv-00200-JCM-EJY, in the U.S. District Court for the District of Nevada.

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.