On Nov. 9, United States District Court Judge John C. Coughenour certified a nationwide class action case against Papa John's International Inc. with potential damages of more than $250 million.

The lawsuit is brought on behalf of Papa John's customers across the U.S. who were sent unwanted text messages that advertised for Papa John's pizza. It was filed under the Telephone Consumer Protection Act.

The class action lawsuit contends that 500,000 illegal text messages were sent to Papa John's customers across the country. According to a news release, Papa John's customers could be awarded $500 or more in statutory damages for each text message.

Erin Chutich, one of the plaintiffs in the case, stated, "After I ordered from Papa John's, my telephone started beeping with text messages advertising pizza specials. Papa John's never asked permission to send me text message advertisements. Hopefully, this will be an important victory for consumers. Our lawsuit is about keeping spam from spreading from our email to our cell phones."

The consumers are being represented by Heyrich Kalish McGuigan PLLC. The firm represents consumers in class action suits regarding spam text messages and illegal telemarketing.

"Many customers complained to Papa John's that they wanted the text messages to stop, and yet thousands of spam text messages were sent week after week," said Donald W. Heyrich. "This should be a wakeup call to advertisers. Consumers do not want spam on their cell phones. If you do not have permission from your customers, do not send them text messages. It's as simple as that."

Papa John's did not respond to an email request about this story.

A copy of the court decision is published at telemarketingattorneys.com.

Read more about mobile marketing.

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User Comments – Give us your opinion!
  • Arnold Toussaint
    44923335
    Yep, he says he will fire people because the healthcare bill...well then he will not sell me a dime in pizza. Greedy pig, does not want healthcare for the slaves he hires. Break this fools bank.
  • Mary Harmon
    44907464
    I have ordered from Papa's for years and have NEVER received anything via phone. Don't you think the timing is suspect after announcements made of problems implementing 0bamacare and layoffs. Smells like how 0bama won his offices in Illinois. Suing his way to victory.
  • Mary Harmon
    44907204
    Arnold Toussanint. Do you have any idea about the costs of this? It is not the normal cost of Healthcare it is much more expensive. We, US , could insure all of the uninsured free and still come out ahead. We were not given a choice. It is about freedom to run your business the way you see fit. It is about having choices, it is about a lot of things and It is about the healthcare bill. Just Google layoffs since election. He isn't the only one doing it. Do you really think people are shutting down business for spite when most businesses are struggling to stay open and people are unemployed? You are a victim of False advertizing and being duped by the Government.
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