Sonic Coupons Lawsuit Alleges the Fast Food Chain Violated the TCPA

An Illinois consumer filed a proposed class action lawsuit accusing Oklahoma-based national fast food chain Sonic Corp. of violating the Telephone Consumer Protection Act by sending unsolicited, unwanted text messages to thousands of consumers promoting its menu items.

Plaintiff Danny Collins filed the suit in the United States District Court for the Western District of Oklahoma on Oct. 21, 2020, alleging that the chain continued to send Sonic coupons to his cell phone, despite his opt-out request.

Collins claims that the text messages were an invasion of privacy and caused harassment, aggravation, and disruption of daily life for thousands of consumers who received them.

In the lawsuit, Collins states, “The TCPA exists to prevent communications like the ones described within this complaint and to protect the privacy of citizens like Plaintiff.” On behalf of the proposed class, he requests $500 for each negligent TCPA violation and $1500 for each willful TCPA violation, in addition to an injunction barring Sonic from sending unsolicited text messages.

Plaintiff Claims Sonic Coupons Took Up Memory on Phone and Wasted Time, Causing “Actual Harm”

In the complaint, Collins purports that he received a text message on July 11, 2020 advertising a Sonic sandwich called the “BBLT.” He claims that he responded “Stop” to the message, prompted by Sonic’s opt-out preference language. Allegedly, he received a response confirming that he would no longer receive text messages from Sonic.

Despite receiving confirmation that he had opted-out of receiving text messages, Collins says he received an additional text message on July 22, 2020 from the fast food chain advertising Sonic coupons for a half-price beverage or slushy with the purchase of hot dogs.

Collins maintains that the messages caused him “actual harm” by wasting an estimated 10 minutes of his time reading them, trying to opt out of them, and retaining counsel in an effort to stop them.

He also contends that the Sonic coupons sent by text took up memory space on his phone, potentially slowing its performance. He claimed, “The cumulative effect of unsolicited text messages like Defendant’s poses a real risk of ultimately rendering the phone unusable for text messaging purposes as a result of the phone’s memory being taken up.”

What Is the TCPA?

Governed by the Federal Communications Commission, the Telephone Consumer Protection Act was enacted by Congress in 1991 to protect consumers from receiving unwanted telemarketing calls, robocalls, and text messages.

Under the TCPA, businesses are generally not permitted to send unsolicited texts using an autodialer system or place prerecorded calls to landlines and cellphones without the consumer’s prior express consent or an established business relationship. Even if there is a previous business relationship, consent can be revoked by the consumer at any time. Emergency texts are exempt from the FCC’s text message ban.

The TCPA also prohibits businesses from making unsolicited telemarketing calls to consumers who have requested to be placed on the National Do Not Call Registry.

What Can I Do If I Receive Unwanted Text Messages?

Unwanted and spam text messages and robocalls can be annoying and distracting. If you receive enough of them, they may also take up memory and space on your phone. If you’re receiving spam text messages from a business without having given consent, there are a few measures you can take.

The FCC suggests using a third-party blocking app or contacting your phone company about blocking spam calls and texts — many wireless and landline phone companies offer consumers resources to identify and block spam calls or unwanted robocalls. Additionally, you can file a complaint with the FCC if you think you’ve received an illegal text or call.

You may also be eligible to join a TCPA class action lawsuit to recover your damages. Consumers who have received communications in violation of the TCPA may be entitled to $500-$1500 in compensation for each unsolicited call or text in a class action settlement. A class action attorney can advise you of your legal rights and remedies.

The Sonic Coupons Lawsuit is Collins et al. v. Sonic Corp., Case No.: 5:20-cv-01067-JD, in the United States District Court for the Western District of Oklahoma.

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.