Nov. 13, 2012
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.
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