Los Angeles, CA: A Telephone Consumer Protection Act (TCPA) class action lawsuit has been filed against Domino' Pizza LLC alleging the fast food chain restaurant sent marketing text messages to a customer even after he opted out of a coupon offer program run by the defendant.
Filed in Florida on behalf of the plaintiff Christopher Legg, the lawsuit seeks to represent a nationwide class of cellphone users who opted out of receiving discount codes from Domino's after sending a "stop all" message to MoGreet Inc., the company that runs the pizza chain's text messaging campaign. Legg alleges in the lawsuit that Domino's and MoGreet's actions in continuing to send the messages after they were told to stop.
"Defendants have caused consumers actual harm, not only because consumers were subjected to the aggravation that necessarily accompanies mobile spam, but also because consumers frequently have to pay their cellphone service providers for the receipt of such spam and such messages diminish cellular battery life, waste data storage capacity, and are an intrusion upon seclusion," according to the lawsuit.
According to Legg, he sent out the "stop" message on July 9, however, despite immediate acknowledgement on the part of the company of receipt of the message together with a promise to stop sending the coupon codes, he received at least two subsequent offer messages from the company.
According to the lawsuit, MoGreet continues to send the messages in bulk to thousands of customers who registered for an initial coupon by sending a short code to a number provided by Domino's. Legg claims MoGreet is able to do this through the use of an automatic dialing system, a device that is illegal under the TCPA.
The lawsuit states that the defendants are in violation of a Federal Communications Commission ruling "that a consumer's prior express consent to receive future text messages may be revoked and texts sent after revocation violate the TCPA."
Each unsolicited message comes with a penalty of between $500 and $1,500, according to the suit. Legg is also seeking to put an end to the companies' supposedly unlawful actions.
The suit is Legg v. Domino's Pizza LLC et al., case number 0:14-cv-62704, in the U.S. District Court for the Southern District of Florida.
