“Red Robin Royalty” Program Text Message Marketing – TCPA Action
Kehoe Law Firm, P.C. is making consumers aware of the following Telephone Consumer Protection Act (“TCPA”) class action lawsuit filing:
Red Robin International, Inc., Red Robin Gourmet Burgers, Inc.
Class action lawsuit filed in United States District Court, Central District of California, against Red Robin International, Inc. and Red Robin Gourment Burgers, Inc. for alleged TCPA violations “by sending consumers unsolicited text messages for marketing and advertising purposes, without prior express written consent, invading the consumers’ right to privacy.”
According to the class action complaint, the Plaintiff was asked if he wanted to participate in the Red Robin Royalty program by a Red Robin server during a Red Robin restaurant visit in 2015. Plaintiff, according to the complaint, provided his telephone number and, subsequently, received text messages listed in the class action complaint as follows:
October 25, 2017:
“Red Robin Royalty: Last chance for a Free Shake with $10 purchase!
Check your Royalty account for details! Offer ends 10/28/18. Reply STOP
to cancel.”
March 26, 2018:
“Red Robin Royalty: 1 week left to get a Free Tavern burger with additional
burger purchase! Check your account for details! Ends 4/1/18. Reply
STOP to cancel.”
April 20, 2018:
“Red Robin Royalty: Get a Free Appetizer w/$10 minimum purchase all
weekend. Check your Royalty account for details. Ends 4/22/18. Reply
STOP to cancel.”
May 25, 2018:
“Red Robin Royalty: One week left to get BOGO 50% off Gourmet
Burgers! Reply STOP to cancel.”
June 29, 2018:
“Red Robin Royalty: Get a Free Appetizer w/$10 minimum purchase all
weekend! Check your Royalty account for details. Ends 7/1/18. Reply
STOP to cancel.” [Emphasis added.]
The class action complaint against Red Robin alleges that “[a]t no time prior to receiving the text messages . . . had Plaintiff ever signed a document, whether in paper or electronic form, reciting that Red Robin was authorized to send text messages to him using an automatic telephone dialing system for telemarketing or advertising purposes. Similarly, at no time prior to receiving the text messages . . . had Plaintiff ever signed a document, whether in paper or electronic form, reciting that he was not required to provide consent as a condition of purchasing any goods or services.”
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.
