Legal News

Papa John Sued for Text Message Spam
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

One of the more popular pizza chains in the country is being sued for $250 million in a class-action lawsuit for spamming customers with illegal text messages. The pizza chain, Papa John’s, reportedly sent over 500,000 text messages in the early portion of 2010 to customers. The messages sent to customers included deals for pizza and the customers complained that they were being sent 15 to 16 texts in a row, according to attorney Donald Heyrich.

“After I ordered from Papa John’s, my telephone started beeping with text messages advertising pizza specials,” Erin Chutich, one of the plaintiffs, said in a statement to CNN Money. “Papa John’s never asked permission to send me text message advertisements.”

  
What
Where


Papa John’s used the mass text messaging service called OnTime4U, which has been named a defendant in the lawsuit as well. The lawsuit was originally filed in April of 2010, which is when Papa John’s decided to end its relationship with the mass texting company. Franchisees and corporate stores were told by the company that sending spam messages to cell phones “is most likely illegal.”

That message was correct based on the Telephone Consumer Protection Act of 1991, which bans companies from sending adds in text messages without the customer first agreeing to the service. The head of legal affairs for Papa John’s, Caroline Oyler, said that the corporate text system for the company is not involved in the lawsuit because the messages were sent “by third-party vendors and a small number of franchisees.”

Plaintiffs in the case are asking for $500 per text message but could be rewarded as much as $1,500 per message if the jury rules that the company willfully broke the law from 1991. This could wind up being the largest amount of money awarded in relation to the law since the law took effect in 1991.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




“We have noticed text message spam is increasing in part because advertisers see it as a great way to get their material directly into the hands of customers,” Heyrich said. “We hope this case keeps text message spam out of cellphones.”

Oyler has said that the company does not see a basis for the estimate of $250 million in the lawsuit. U.S. District Court Judge John Coughenour, in Seattle, certified the lawsuit on November 9 and the company is planning to appeal the ruling.



“We don’t agree with it and will continue to aggressively defend it,” she said. “We’ll continue to litigate the case and defend the lawsuit and move to have it dismissed.”



 

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Real Estate Transactional Attorney with 4-12 years of leasing experience

USA-CA-Orange

Irvine office of our client seeks real estate transactional attorney with 4-12 years of experience. ...

Apply Now

Complex Litigation Attorney with 3-5 years of arbitration experience

USA-FL-Miami

Miami office of our client seeks complex litigation attorney with 3-5 years of law firm experience i...

Apply Now

Senior Business & Commercial Litigation Attorney

USA-CA-Irvine

Irvine office is seeking a business and commercial litigation attorney with 5+ years of experience. ...

Apply Now

Labor and Employment Attorney with 3-4 years of litigation experience

USA-CA-Los Angeles

Los Angeles office of our client seeks labor and employment attorney with 3-4 years of litigation ex...

Apply Now

RELEVANT JOBS

Trademark & Business Law Associate | Burlington, Vermont

USA-VT-Burlington

Downs Rachlin Martin PLLC (DRM) is seeking an Associate attorney with 1-3 years of trademark and tra...

Apply now

Patent Assistant (Patent Prosecution)

USA-DC-Washington

We have an immediate opening for a Patent Assistant to join our team!  The Patent Assistant pro...

Apply now

Paralegal / Legal Secretary

USA-CA-Solana Beach

Job Description and Qualifications : Paralegal / Legal Secretary - Duties will include preparat...

Apply now

Legal Secretary / Paralegal

USA-NY-Pearl River

Busy fast paced Rockland County Matrimonial firm seeking full time experienced family law paralegal ...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top