ST. LOUIS, Mo. (Legal Newsline) - A man is suing TGI Friday’s after he claims the restaurant franchise sent him multiple advertisements via text messages without his written consent.
Jason Williams filed the case in St. Louis County Circuit Court Aug. 12 individually and on behalf of all others who received the advertisements, alleging violation of the federal Telephone Consumer Protection Act.
Advertising through Short Messaging Service text messages can cost recipients money because wireless phone users must pay their providers to receive text messages, Williams' lawsuit claims.
According to the lawsuit, the Federal Communications Commission’s Regluations on the TCPA say telephone solicitations, which include text messages, cannot be made without the recipient’s written consent. Williams claims he gave no such consent.
Williams, in particular, claims to have received more than five advertisements via text message from TGI Friday’s. One of such messages read as follows: “At Fridays: Get into the Irish spirit March 15-17 with green beer, the Fridays Irish Rita and a little Irish charm. It’s St. Patty’s Day at Fridays.”
Williams and the proposed class seek damages of $500 per text message and up to $1,500 per text message if the Court finds TGI Friday’s willfully violated the TCPA. Williams also requests TGI Friday’s pay court costs and expenses of class notice.
Williams is represented by attorney David T. Butsch and Christopher E. Roberts of Butsch Roberts & Associates in Clayton, Mo.
TGI Friday's wants the case removed to federal court. The restaurant filed a notice of removal Sept. 24 in the U.S. District Court for the Eastern District of Missouri, Eastern Division.
TGI Friday's is represented by John E. Galvin and Jeremy T. Staley of St. Louis law firm Fox Galvin LLC.
U.S. District Court for the Eastern District of Missouri case number 4:15-cv-01469-JMB.