The Court found in an earlier ruling that Checker’s text promoting its text club violated the TCPA because Plaintiff had only consented to receive texts about a burger-not texts about the strings attached to the burger. Because of a burger coupon text campaign. Presumably still hungry-maybe even hungrier from the exertion-he provides his zip code, gets the free burger coupon, eats the burger, and then sues Checker’s on behalf of himself and nearly two million other people who received the same text message for violating the TCPA.Īnd under the TCPA’s massive statutory damages, Checker’s was looking at about a billion dollars in exposure. He is dismayed to learn, however, that in order to get his free burger he has to supply his zip code and agree to some terms and conditions about joining a text promotional club. This sounds pretty good to the guy-I mean its a free burger, come on- so he shoots a text to the shortcode.

There he encounters a sign on the window that offers him a free burger if he sends a text message to a shortcode. Yesterday I brought you a story about how a mind-melting website and a 30 year old faxtel system resulted in some cutting-edge TCPA law–and it became our best read article ever thanks to some hackers.Ī few years back a guy drives through a Checker’s burger joint in the Chicago area hoping to buy a burger.

November 3, 2020) has ordered nearly two million text messages to be sent to class members in a case alleging that the burger joint violated the TCPA by, wait for it, sending unwanted text messages. Checkers Drive-In Restaurants, Inc., Case No. In what I believe to be a first-in-the-nation order in a case of this type, the Court in Yates v.

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