On September 24, 2018, a class action complaint was filed in United States District Court, Central District of California, against Subway Franchisee Advertising Fund Trust, Ltd. (“Subway”) for “negligently and/or intentionally contacting Plaintiff on her cellular telephone, in violation of the Telephone Consumer Protection Act.” 

According to the complaint, Defendant Subway, a corporation which “provides marketing and advertising services for Subway restaurants,” sent “one or more automated marketing text messages to [Plaintiff’s] cellular telephone number . . . from short code 782-929.”

Subway, allegedly, sent an automated marketing text message to Plaintiff which stated:

FREE CHIPS RULE! Right now @SUBWAY, get ANY bag of chips FREE with a sub purchase. Exp 12/6: http://mfon.us/rk6srrfdjue HELP/STOP call 8447887525

When the Plaintiff sent a “STOP” reply to the unwanted text, she, allegedly, received “an immediate computer-generated responsive text” that stated:

Subway: You have been unsubscribed from all programs on 782929 and will no longer receive any text alerts. Q’s? Reply HELP. Msg & data rates may apply.

According to the class action complaint, Plaintiff, however, received a subsequent automated text message which stated:

Your weekly SUBWAY offer is waiting. Don’t miss out! Expires 12/6: http://mfon.us/rk6srrfdjue HELP/STOP call 8447887525

The class action seeks, among other things, statutory damages and injunctive relief.

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.