Kyla Asbury Sep. 25, 2014, 10:55am

LOS ANGELES (Legal Newsline) - The plaintiff in a class action lawsuit against Hooters for alleged violations of the Telephone Consumer Protection Act chose to voluntarily dismiss his lawsuit without prejudice, leaving the door open to re-filing it.

"Plaintiff Peyman Zandifaez... moves to dismiss this action without prejudice pursuant to a voluntary agreement between the parties," the Aug. 19 voluntary dismissal notice states. "Said agreement has fully resolved the dispute between the parties; and, all parties have now complied with their respective obligations pursuant to the voluntary settlement agreement."

"Based upon plaintiff's voluntary dismissal request, and good cause, this court hereby orders the plaintiff’s claim to be, and is, dismissed without prejudice," District Judge Consuelo B. Marshall's Aug. 22 dismissal order states. "Each party to bear their own attorneys’ fees and costs."

The class action was initially filed on July 28 in the U.S. District Court for the Central District of California.

On June 14, Zandifaez claimed he received an unsolicited text message on his cell phone from Hooters. He claimed 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 stated. "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 his cell 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 claimed he 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 stated.

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

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

Zandifaez was 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 was 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.

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

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