Seattle, WA: On November 9, 2012, United States District Court Judge John C. Coughenour certified a nationwide spam text messaging class action case against Papa John's International, Inc. (NASDAQ: PZZA) with potential damages over $250 million. The lawsuit is brought on behalf of Papa John's customers across the United States who were sent unwanted text messages that advertised Papa John's pizza--and it's the latest in terms of negative press to hit the pizza maker after CEO John Schnatter's comments regarding ObamaCare went viral.
The ruling paves the way for what could be one of the largest damages awards ever recovered under the federal Telephone Consumer Protection Act. The class action lawsuit contends that 500,000 illegal text messages were sent to Papa John's customers across the country. Papa John's customers could be awarded $500 or more in statutory damages for each text message.
Erin Chutich, one of the plaintiffs in the case, stated, "After I ordered from Papa John's, my telephone started beeping with text messages advertising pizza specials. Papa John's never asked permission to send me text message advertisements." Chutich added, "Hopefully, this will be an important victory for consumers. Our lawsuit is about keeping spam from spreading from our email to our cell phones."
Attorneys representing Papa John's customers agreed. Donald W. Heyrich, of Heyrich Kalish McGuigan PLLC who represents consumers in spam text message lawsuits, stated, "Many customers complained to Papa John's that they wanted the text messages to stop, and yet thousands of spam text messages were sent week after week." Heyrich added, "This should be a wakeup call to advertisers. Consumers do not want spam on their cell phones. If you do not have permission from your customers, do not send them text messages. It's as simple as that."
