Sonic Faces Lawsuit Over Alleged Unsolicited Ads in Text Messages

A woman tired of receiving Sonic fast-food restaurant ads in text messages has filed a TCPA lawsuit in California.

Plaintiff Cecilia Hernandez seeks class action status for her lawsuit that alleges Sonic violated the Telephone Consumer Protection Act (TCPA) when the company allegedly sent unsolicited text messages to her cell phone and cell phones of other victims.

Hernandez alleges Sonic invaded her privacy by negligently and/or willfully sending her text messages beginning in December 2017. She claims she had not provided consent to Sonic to contact her by text message as required per TCPA regulations.

The unsolicited text messages tried to convince Hernandez to purchase food and drink menu items. Some of the text messages allegedly contained coupons or promotional codes for one-day sales.

Hernandez alleges in the complaint that she received at least seven texts from Sonic in December 2017 and anywhere between three to nine unsolicited text messages per month since then.

Despite alleging she never provided Sonic with her cell phone number, the company was able to contact her with the help of an automatic telephone dialing system (ATDS), which is able to randomly or sequentially call or text phone numbers. Telemarketers are not allowed to contact consumers through the use of an ATDS without first receiving express written permission to do so.

The proposed class members include anyone who has received an unsolicited text message from Sonic or its agents through the use of an ATDS with the last four years and who did not provide Sonic with consent to contact them in that manner.

According to the TCPA, even mobile phone numbers that have not been placed on the national Do-Not-Call list are protected from unsolicited commercial texts.

Multi-Million Settlements over Ads in Text Messages

Lawsuits involving allegations of TCPA regulations have resulted in multi-million-dollar settlements with the alleged offenders. Consumers are allowed to sue a company that has sent them unwanted robocalls or robotexts. A consumer may be awarded $500 per text or call or even $1,500 per text or call if it can be proven the TCPA violations was willful.

In order for a company to obtain written consent prior to sending a text message to a consumer, the company may use a website form or email. The written consent does not have to be provided through pen and paper.

The company must provide a way for the consumer to revoke consent, effectively opting out of future text messages, at any time.

Other companies that have faced TCPA lawsuits include:

• American Eagle Outfitters (still pending)
• YouFit Health Clubs ($1.4 million class action settlement reached)
• Enagic Water Filters ($27.6 million class action settlement reached)
• Hot Topic ($2.9 million class action settlement reached)
• Tampa Bay Lightning Bolts ($2.3 million class action settlement reached)

For many victims of TCPA violations, the class action lawsuit isn’t just about money. Consumers are tired to taking unnecessary time and attention away from real issues to stop, read and delete spam text messages.

Even if you have already established a business relationship with a company, that company does not have permission to call or text you forever. The Federal Communications Commission decided in 2012 that having an “established business relationship” with a customer was not a valid excuse for continued robotexts and robocalls to the customer. This excuse was particularly used in the auto industry, which often continued to send ads in text messages or call people who had purchased a vehicle at a dealership years after the purchase was complete.

The Ads in Text Messages Lawsuit is Cecilia Hernandez v. Sonic Corp. et al., Case No. 5:20-cv-348, in the U.S. District Court for the Central District of California – Eastern Division.

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.