Plaintiff Says Mobile Coupon Advertisement Text Messages Came from Denny’s Restaurant

Ladarrius Cooley is the most recent plaintiff to file a class action advertisement text messages lawsuit. His action has been filed against the Denny’s Corporation. He argues that these unauthorized text messages have been sent to various consumers using an autodialing system (ATDS), which is forbidden by the Telephone Consumer Protection Act.

The class action lawsuit seeks to recover redress for all persons who have been injured by this similar conduct. The plaintiff alleges that the advertisement text messages and other unauthorized text message communications have resulted in invasions of privacy, aggravation, loss of time, nuisance, and lost value of cellular services.

The plaintiff states in the lawsuit that on Dec. 13 and Dec. 17, 2019, defendant Denny’s Restaurant text messaged him from the shortcode 336-697. The plaintiff argues that he never gave his consent to the restaurant to receive these spam text messages.

The plaintiff argues that he temporarily lost the enjoyment and use of his phone and that the text message has caused wear and tear to his phone’s hardware, data memory, software, and battery components.

The lawsuit specifically says that Denny’s violated the Telephone Consumer Protection Act (TCPA) due to the use of an automatic telephone dialing system. These software programs use a sequential or random number generator or dial telephone numbers from preloaded lists.

This generic and commercial content, including advertisement text messages, could be sent to many people who did not sign up to receive them. The use of a shortcode and the unsolicited nature of the text messages, according to the plaintiff are consistent with the use of an automatic telephone dialing system.

The plaintiff proposes an ATDS class including all people who on or after four years before the filing of the initial complaint sent a text message on behalf of Denny’s using a dialing system that was substantially similar to the one that dialed the plaintiff or for a substantially similar reason as the defendant texted the plaintiff. Increasingly restaurants and clothing companies have turned to the use of automatic telephone dialing systems in order to reach a broader base of consumers.

When receiving a text message from a restaurant or other similar business, a consumer can text back “STOP” in the hopes of being removed from the company’s list. Even when this is done, however, it does not necessarily mean that the company sending the text had the right to reach out to begin with, as the use of an ATDS to send mobile coupons could still violate the law and entitle that consumer to potential compensation recovery.

However, doing so without receiving the consumer’s consent to receive these spam texts can be directly in violation of federal law under the TCPA. If you or someone you know has already received information like this from a company that you did not authorize to contact you, consider a consultation with an attorney.

The Mobile Coupons Class Action Lawsuit is Case No. 2:20-CV-00255-JAD-VCF in the U.S. District Court, District of Nevada.

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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.