Kyla Asbury Aug. 1, 2014, 10:48am

LOS ANGELES (Legal Newsline) - A class action lawsuit has been filed against Hooters of America after class members claim it violated the Telephone Consumer Protection Act.

On June 14, Peyman Zandifaez received an unsolicited text message on her cell phone from Hooters, according to a complaint filed July 28 in the U.S. District Court for the Central District of California.

Zandifaez claims he received a second unsolicited text message on July 5.

"The... SPAM text messages were form texts that were sent consumers on mass and just solely to the plaintiff, which is indicative of the use of an automatic telephone dialing system," the complaint states. "[The] defendant used telephone number 368-32 to send this unsolicited SPAM text message to plaintiff's cellular telephone."

At no time did the plaintiff provide the plaintiff's cellular phone number to the defendant through any medium, nor did the plaintiff consent to receive such an unsolicited text message, according to the suit.

Zandifaez claims he has never signed up for, and has never used, the defendant's services or products, and has never had any form of business relationship with the defendant.

"Through the unsolicited SPAM text message, defendant contacted plaintiff on plaintiff's cellular telephone regarding an unsolicited service via an 'automatic telephone dialing system,'" the complaint states.

The ATDS has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, according to the suit.

Zandifaez claims the he incurs a charge for incoming calls and text messages and the text message constituted a call that was not for emergency purposes.

"Plaintiff did not provide defendant or its agent prior express consent to receive text messages, including unsolicited text messages, to her cellular telephone," the complaint states.

Zandifaez claims the defendant violated the TCPA and caused her damages.

Zandifaez is seeking $1,500 in statutory damages for each and every violation of the TCPA and $500 in statutory damages for the first violation of the TCPA. He is being represented by Abbas Kazerounian and Mona Amini of Kazerouni Law Group; Joshua B. Swigart of Hyde & Swigart; and Todd M. Friedman of the Law Offices of Todd M. Friedman.

The case has been assigned to District Judge Consuelo B. Marshall.

U.S. District Court for the Central District of California case number: 8:14-cv-01187

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