Papa John’s Text Messages Allegedly Exceeded Plaintiff’s Consent

Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filing:
Papa John’s USA, Inc. (“Papa John’s”)

Class action lawsuit filed on February 20, 2020 in United States District Court, Central District of California, against Papa John’s USA, Inc., “the corporate entity behind the popular Papa John’s pizza restaurant chain,” for, allegedly, “tak[ing] advantage of the goodwill of consumers by sending them text messages in excess of the limited consent [Papa John’s] obtains,” thereby, according to the complaint, “repeatedly violat[ing] the Telephone Consumer Protection Act.”

The complaint states that the Plaintiff provided Papa John’s “consent to send him a maximum of six text messages each month at his cellular telephone.”  However, Papa John’s, allegedly, sent seven text messages to Plaintiff’s cell phone, thus “exceeding the six messages per month that [Plaintiff] consented to receive.”

Examples in the class action complaint of text messages the Plaintiff received from SMS code 472-72 are as follows:

Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.

Robocalls – TCPA Action: Sonic Corp. and Sonic Restaurants, Inc.

Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filing:
Sonic Corp. and Sonic Restaurants, Inc. 

Class action lawsuit filed on February 20, 2020 in United States District Court, Central District of California, Eastern Division, against Sonic Corp. and Sonic Restaurants, Inc. for, allegedly, “negligently, and/or willfully contacting Plaintiff through text messages on Plaintiff’s cellular telephone, in violation of the Telephone Consumer Protection Act.”

According to the class action complaint, “Sonic routinely contacts individuals through mass text messaging campaigns with automatic telephone dialing equipment. However, Sonic regularly sends these text messages to cellular telephones, without consent, let alone prior express written consent, in violation of the TCPA.”

The complaint alleges that the Plaintiff received “unsolicited promotional text messages from Sonic from the SMS code 876-642 to [Plaintiff’s] wireless phone . . . for which Plaintiff provided no consent to call, in an attempt to solicit her business.” The complaint contained the following examples of text messages sent to the Plaintiff as “solicitations for purchases of food and drink items and on some occasions included coupons or promotional one day only sales”:

The SONIC Double Feature: single-patty Cheeseburger & Sm Shake for $3.99! Lmt tome @ part’ drive-ins. + Tax / addons. More: [link] HELP/STOP: 8447887525.

Get fizzy with it! Snag a Large SONIC Fruit Fizz for $0.99! Valid 1/3 only @ @ part’ drive-ins. HELP/STOP: 8447887525

Today @ Sonic ½ price 3 or 5 pc Crispy Tenders! Must mention @part’ drive-ins or use promo code CRISPY in app! Valid 2/6 + tax/addon HELP/STOP call 8447887525.

According to the complaint, the Plaintiff “never provided Defendants with her phone number or consented to text messages from Defendants on her mobile telephone.”

Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.

Robocalls – TCPA Action: Neuvoo USA Inc. – Alleged Unsolicited Texts

Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filing:
Neuvoo USA Inc.

Class action lawsuit filed on February 20, 2020 in United States District Court, District of Arizona, “to stop Neuvoo from violating the Telephone Consumer Protection Act by [allegedly] sending unsolicited autodialed text messages to consumers.”

According to the complaint, Neuvoo USA Inc., “a job search website,” is a company which “markets the availability of jobs on its website using unsolicited, autodialed text messages.”  The Plaintiff, allegedly, was sent unsolicited text messages from (833) 429-1258 to her cellular telephone, examples of which from the complaint are as follows:

The complaint alleges that the Plaintiff “never searched for jobs on Neuvoo’s website and has never provided her consent to Neuvoo to send her text messages using an automatic telephone dialing system or to otherwise contact her.”

Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.

 

Robocalls – TCPA Action: Insurance Services For You Inc.

Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filing:
Insurance Services For You Inc.

Class action lawsuit filed on February 19, 2020 in United States District Court, Northern District of Ohio, Eastern Division, against Insurance Services For You Inc. in order to “stop [Insurance Services For You’s] practice of sending unauthorized and unwanted fax advertisements.”  According to the complaint, Insurance Services For You, “[i]n an attempt to generate sales leads, and ultimately increase its revenues, . . . created a fax-based marketing campaign wherein it sent numerous unsolicited faxes advertising its products and services across the country.”  The fax advertisements, allegedly, were sent, even though Insurance Services For You did not have a prior relationship or the consent of the fax recipients to receive fax advertisements.

According to the complaint, Insurance Services For You sent unsolicited fax advertisements to the Plaintiff from telephone number (855) 227-5516 which “promoted health insurance plans,” despite Plaintiff neither having a previous business relationship with Insurance Services For You nor the Plaintiff’s consent to receive fax advertisements.

Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.

Robocalls – TCPA Action: VidaCann, LLC

Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filing:
VidaCann, LLC

Class action lawsuit filed on February 19, 2020 in United States District Court, Northern District of Illinois, “for legal and equitable remedies resulting from the [alleged] illegal actions of VidaCann, LLC in sending automated text message advertisements to [Plaintiff’s] cellular telephone and the cellular telephones of numerous other individuals across the country, in clear violation of the Telephone Consumer Protection Act.”

According to the class action complaint, “[n]on-party ActiveCampaign, Inc. is a marketing company that specializes in e-mail and SMS text-message marketing to consumers.”  Allegedly, non-party ActiveCampaign “initiated and transmitted the SMS text messages at issue in [the class action lawsuit] to Plaintiff and members of the proposed Class on behalf of VidaCann, LLC, “a medical marijuana company based in Jacksonville, Florida.”

VidaCann, according to the complaint, “transmitted, by itself or through an intermediary or intermediaries, multiple text messages” to the cellular telephone used by the Plaintiff.  The complaint alleges that “[a]ll of the subject text messages received by Plaintiff and the members of the putative Class were transmitted by or on behalf of Defendant, including by ActiveCampaign, Inc. on Defendant’s behalf, without the requisite prior “express written consent” of Plaintiff or any member of the putative Class.”

According to the complaint, “[e]ach unsolicited text message sent by or on behalf of [VidaCann] to Plaintiff’s [cellular telephone] originated from the telephone number (833) 223-3820, which is a dedicated telephone number leased or owned by or on behalf of ActiveCampaign, Inc. or [VidaCann] that [VidaCann] uses to transmit text messages to consumers en masse, in an automated fashion and without human intervention.”

The complaint contained the following example of a text message, allegedly, sent to the Plaintiff’s cell phone:

VidaCann: Our delivery special is extended! Click the link for this
great deal. Reply STOP VIDACANN to cancel https://erll.co/gB9qlsFXXVg9

Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.