Checkers – Telephone Consumer Protection Act (“TCPA”) Class Action Lawsuit Filed

Lexology recently reported that fast food chain Checkers Drive-In Restaurants, Inc. (“Checkers”) and its affiliate mobile marketer were sued in federal district court for alleged violations of the TCPA.

According to Lexology:

Checkers operates more than 850 Checkers and Rally’s drive-thru restaurants in 29 states and the District of Columbia. As an advertising vehicle for its fast food products, Checkers works with marketing affiliates to offer digital coupons and other promotions to prospective and existing customers. Some such promotions offer coupon codes for free Checkers[‘] or Rally’s menu items to consumers who use their mobile phones to text a specific keyword to a designated five-digit short code.

Louisiana resident Toby Branden, presumably enticed by a Checkers coupon offer, texted “Coupons” and “70117” to a Checkers mobile marketing short code. Branden alleges that mobile marketer Vibes Media, LLC (“Vibes”) subsequently delivered multiple advertising text messages to her mobile phone number on Checkers’ behalf.

Further, Lexology reported that

[o]n November 3, 2017, Branden filed a putative class action text message lawsuit against both Checkers and Vibes in the U.S. District Court for the Northern District of Illinois . . . on behalf of all cell phone users who received unauthorized text messages from Checkers or Vibes.

The complaint alleges that Checkers and Vibes violated the TCPA by sending commercial text messages to consumers without obtaining each recipient’s prior express written consent to receive such messages. Braden’s text message lawsuit claims that the Defendants texted thousands of consumers nationwide, and seeks damages of $500 to $1,500 per text message delivered.

Have You Received Unwanted, Unsolicited or Harassing Telephone, Telemarketing, Autodial or Robocalls or Text Messages?

If you have received unwanted, unsolicited or harassing telephone, telemarketing, autodial or robocalls or text messages and would like to speak privately with an attorney to learn more about your potential legal rights, please complete the form to the right or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected]; John Kehoe, Esq., (215) 792-6676, Ext. 801, [email protected]; or send an e-mail to [email protected].

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a multidisciplinary, plaintiff–side law firm dedicated to protecting investors and consumers from corporate fraud, negligence, and other wrongdoing. Driven by a strong and principled sense of social responsibility and obtaining justice for the aggrieved, Kehoe Law Firm, P.C. represents plaintiffs seeking to recover investment losses resulting from securities fraud, breaches of fiduciary duty, corporate wrongdoing or malfeasance, those harmed by anticompetitive practices, and consumers victimized by fraud, negligence, false claims, deception, data breaches or whose rights to minimum wage and overtime compensation under the federal Fair Labor Standards Act and state wage and hour laws have been violated.