Papa John’s Lawsuit: Pizza Chain Faces $250 Million Claim For Illegal Spam Text Messages
By Maria Vultaggio | November 14, 2012 2:38 PM EST
Pizza chain Papa John’s is facing a $250 million class-action lawsuit for blasting customers with spamming text messages, reports CNN.
The plaintiffs say Papa John’s franchises sent their customers nearly 500,000 illegal messages in early 2010.
The spam texts offered deals to the customers for pizza, but some complained they were receiving 15 or 16 texts in a row, some of them in the middle of the night, court documents said.
“After I ordered from Papa John’s, my telephone started beeping with text messages advertising pizza specials,” Erin Chutich, a plaintiff on the class-action lawsuit, said in a statement. “Papa John’s never asked permission to send me text message advertisements.”
Papa John’s used the mass text messaging service, OnTime4U, which also is a defendant in the case.
The pizza chain was first sued for the illegal texts in 2010 and told their franchises and corporate restaurants that sending the texts “is most likely illegal,” CNN wrote.
Companies are not allowed to send advertisements via text message unless the customer requests the service, under the Telephone Consumer Protection Act.
Caroline Oyler, Papa John’s head of legal affairs, said the corporate text messaging program should not be sued because the messages were sent “by third-party vendors and a small number of franchisees,” she told CNN.
If the plaintiffs are awarded the $250 million, it could be the largest damage award ever recovered under the TCPA, according to the attorney reporesenting the class, Donald Heyrich.
The plaintiffs are asking for $500 per text, but could get $1,500 a text if the jury finds that Papa John’s willfully broke the law.
“We have noticed text message spam is increasing in part because advertisers see it as a great way to get their material directly into the hands of customers,” Heyrich said to CNN. “We hope this case keeps text message spam out of cellphones.”
But Oyer was defiant.
“We don’t agree with it and will continue to aggressively defend it,” she told CNN. “We’ll continue to litigate the case and defend the lawsuit and move to have it dismissed.”
To contact the editor, e-mail:
Most Popular Slideshows
- Still The World Champions: Team USA Overpowers Serbia, 129-92 To Win 2014 FIBA World Cup [PHOTOS]
- Pope Francis: World War III Has Started On Piecemeal
- After Win Over Maidana, Mayweather Says He Is Prepared To Negotiate A Fight With Pacquiao
- From Fat To Fit: Celebrities Who Were Overweight Before They Became The Beauties That They Are
Join the Conversation
- ‘American Horror Story’ Season 4 ‘Freak Show’ Update: Skyler Samuels Roped In To Play Pivotal Role, Extended Teaser Released [VIDEO]
- 'The Bold And The Beautiful' Spoilers For Sept. 17, 2014: Hope Gets The Shock Of Her Life When She Finds Out About What Quinn Did In Paris [WATCH VIDEO]
- Champions League: Chelsea v Schalke 04 Live Stream, Preview, Squad And Injury Updates, Schedule
- ‘World Of Warcraft’ Extends The ‘Gaze Of The Black Prince’ Buff Until The ‘Warlords Of Draenor' Pre-Patch 6.0.2 Release After Updating The 6.0.2 Public Test Realm Patch Notes [WATCH VIDEO]
- ‘The Bachelor Australia’: The Top Five Bachelorettes Of Season 2
- iOS 8 Release Date Of Sept 17 Has Arrived: Update Begins At 10AM Pacific Time, Upgrade Your iDevices With iOS 7.1.2 First To Install iOS 8
- Pregnant Kate Middleton May Call Off Malta Trip Due To Sickness: Royal Couple Will Move To Anmer Hall Residence
- Apple iPad Air 2, iPad Mini 3 October Release Date Roundup: Freshly Leaked Protective Case Debuts Unique Vent Alongside Camera
- Why Samsung Galaxy S5 Is Not The Best Smartphone To Purchase Now? If You Still Want To, Wait For A Month To Get It Cheap
- Ukraine Crisis: Poland Denies Supplying Weapons To Kiev
- Google Nexus 8 Release Date Countdown Begins Oct 8: 8 Killer Specs and Features to Expect
- Malaysia Airlines Flight MF 370: Indonesian Police Chief Claims He Knows What Happened To Missing Jet