tcpa case

TCPA Law Update: Marijuana Delivery Venture Seeks Arbitration of TCPA Class Action Suit

January 10, 2020 by David Klein

A California-based marijuana delivery company, Eaze Technologies, Inc. formerly known as Eaze Solutions, Inc. (“Eaze”), is seeking to have Telephone Consumer Protection Act (“TCPA”) violation claims against it sent from federal district court to arbitration. If Eaze obtains a ruling in its favor, it would follow a nationwide trend in TCPA law involving courts enforcing arbitration agreements contained in website and mobile application terms and conditions.

How does Eaze’s motion to compel arbitration compare with recent TCPA law trends?

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Class Certification Sought in TCPA Case

February 21, 2019 by David Klein

February 21, 2019

In a case pending before the United States District Court for the Northern District of California, the putative class representative has asked the Court to certify a class of people claiming violations of the Telephone Consumer Protection Act (“TCPA”). The class certification motion brings the TCPA case to a seminal inflection point for The Haagen-Dazs Shoppe Company, Inc. (“Haagen-Dazs”), one of the defendants in the suit.

What are the facts of this TCPA case which led to the class certification motion?

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Another TCPA Case is Challenged as to the Sufficiency of its Allegations

August 24, 2018 by David Klein

August 24, 2018

On July 26, 2018, a Telephone Consumer Protection Act (“TCPA”) class action lawsuit was filed by Plaintiff Derrick Thomas (“Thomas”) in the United States District Court for the Southern District of Florida against Defendant Peterson’s Harley Davidson of Miami, LLC (“Peterson’s”). In his TCPA case, Thomas alleges that Peterson’s sent five promotional text messages to his cellular telephone number, using an automatic telephone dialing system (“ATDS”), without his prior consent. Thomas also alleges that, upon information and belief, Peterson’s sent text messages “en masse” to the cellular telephone numbers of thousands of other consumers. Accordingly, Thomas brought the suit on his own behalf and on behalf of all others similarly situated, seeking to certify the following class:

All persons who, on or after four years prior to the filing of the initial complaint in this action, (1) were sent a text message to their cellular telephone number by or on behalf of Peterson’s, (2) using an automatic telephone dialing system, (3) for the purpose of soliciting their purchase of Peterson’s products, and (4) from whom Peterson’s (a) does not allege to have consent, or (b) alleges to have obtained consent in the same manner it alleges to have obtained consent from Plaintiff.

Peterson’s moved to dismiss the TCPA case or for a more definite statement with respect to Thomas’s allegations. Thomas has not yet filed his opposition to the dismissal motion.

Why did Peterson’s Move to Dismiss the TCPA Case or for a More Definite Statement?

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Hooters Settles TCPA Lawsuit

August 21, 2017 by David Klein

August 21, 2017

This month, restaurant chain Hooters of America, LLC (“Hooters”) agreed to pay up to $1,420,150 to settle a Telephone Consumer Protection Act (“TCPA”) lawsuit filed in connection with its text message marketing practices.

How does the TCPA create legal risks for businesses that deliver text messages?

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Domino’s Pizza and Mobile Marketer Face TCPA Class Action

December 5, 2014 by David Klein

December 5, 2014

On November 30, 2014, a class action complaint was filed in the United States District Court for the Southern District of Florida against Domino’s Pizza, LLC (“Domino’s”) and mobile marketer MoGreet, Inc. (“MoGreet”) alleging violations of the Telephone Consumer Protection Act (“TCPA”). Specifically, the complaint alleges that Domino’s and MoGreet violated the TCPA by sending text message advertisements to consumers after receiving their “STOP” instructions. The named plaintiff seeks to certify four (4) separate classes in the action, and has already filed a motion for class certification.

TCPA Class Action Allegations Against Domino’s

According to the complaint, Domino’s, through its mobile marketer MoGreet, sends multiple text messages to consumers offering discounts or deals on Domino’s pizza. Although these consumers may have initially given consent, according to the complaint, Domino’s and MoGreet continue to send text message advertising to consumers even after receiving a proper “STOP” command. With respect to the class representative, according to the complaint he received a text message from MoGreet offering Domino’s pizza discounts after sending a “STOP” message, and only one day after MoGreet had settled a separate TCPA class action lawsuit for $16 million on behalf of itself and, among others, Domino’s.

TCPA Putative Class

The complaint seeks certification for 4 classes and one sub-class. All proposed classes are nationwide, and seek potential plaintiffs who received text message advertisements from MoGreet, or on behalf of Domino’s, between March 6, 2014 and the date that the classes are certified by the Court. Additionally, in what has become a typical move by class action plaintiffs, a motion for class certification has already been filed. The filing was done to prevent either Domino’s or MoGreet from mooting the litigation by offering the class representative full relief prior to answering the complaint. The motion for class certification expressly requests that the motion be stayed by the Court until the plaintiff has had an opportunity to engage in discovery.

Protect Yourself

Although in its early stages, this TCPA class action may subject Domino’s and MoGreet to significant monetary damages. The fact that MoGreet allegedly continued to send text messages in violation of the TCPA after settling another nationwide TCPA class action may affect the impact of a damages assessment, as the violation may appear willful to a court. As we have previously blogged, TCPA lawsuits are on the rise and it is important that businesses engage in telemarketing best practices in an effort to avoid a TCPA lawsuit.

This topic should be of interest to any company or individual engaging in text message marketing and telemarketing, as well as corporate and in-house counsel.

If you are interested in learning more about this topic, are facing a TCPA class action lawsuit or need to review your telemarketing practices, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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