Senor Frogs Sued For Sending Advertising Text Messages

Senor Frogs Orlando, LLC has recently been named as a defendant in a Telephone Consumer Protection Act (TCPA) class action lawsuit for sending advertising text messages without recipient consent. Plaintiff Peter K—a resident of Orange County, Florida—seeks redress for the Mexican Bar and Grill Franchise chain’s alleged violation of Federal Communications Commission (FCC) guidelines on behalf of himself and other message recipients.

What Are FCC Guidelines Regarding Sending Advertising Text Messages?

The FCC, according to this lawsuit and other sources, is given the power to establish rules and regulations which put the TCPA into effect. As indicated by a professional blog out of the financial industry, the FCC has made it clear that text messages fall under the same category as telephone calls as far as the TCPA and consumer protection is concerned.

The Senor Frog lawsuit says that it is prohibited to make soliciting phone calls or, in this case, engage in sending advertising text messages, to a cellular phone using an Automated Telephone Dialing System (ATDS) or prerecorded voice without the express written consent of the recipient. According to our blog source, the written consent can be electronically or digitally gathered from the sender via forms provided through email or a website.

In a separate professional blog generated from the text message telemarketing industry itself, this consent, which can also be retrieved via text message opt-in, needs to clearly tell the consumer what type of content they can expect via text message. It also needs to spell out that giving consent to receive the content is not a condition required to buy any goods, retain services or property.

The Facts of the Case

Peter K. claims he was contacted by the defendant without consent for the first time on Aug. 14, 2019 with a text message which offered him an opportunity to get a free drink from a Senor Frog’s establishment. At the time of receipt, he was studying for school and was interrupted. He was then contacted again on Aug. 22, 2019 and was awoke from a nap by the alerting sound of the incoming text.

The plaintiff was endangered in traffic by having to pull over and check an incoming text from the defendant again on August 26, 2019. On September 6 and 11, 2019, his schooling was allegedly interrupted by two incoming texts from the Mexican Grill chain. In addition to all the interruptions, Peter K. claims he spent at least an hour researching and identifying the long-code phone number and owner as well as retaining appropriate counsel.

The complainant seeks help to stop these alleged TCPA violations on his behalf and to represent a nationwide class of citizens who also purported received them. As part of this process, he hopes for an injunction as well as an award of actual and statutory damages.

Senor Frog’s Orlando, LLC Lawsuit is Case No. 6:19-cv-01824-RBD-DCI in the U.S. District Court for the Middle District of Florida

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