FREEPORT, Illinois (Legal Newsline) - An Illinois man is suing American Express, a tax-preparation services company and a restaurant marketing and promotional company, alleging they sent unauthorized text messages to his cellphone.
Phil Hollingsworth of Marengo, individually and for all others similarly situated, filed a class action lawsuit March 11 in U.S. District Court for the Northern District of Illinois Western Division against Jackson Hewitt Inc., American Express Company and Restaurant.com Inc., alleging violations of the Telephone Consumer Protection Act.
The suit alleges the defendants sent automated text messages to consumers marketing Jackson Hewitt's tax-preparation services along with the American Express Serve card and coupons and membership at Restaurant.com. The complaint states the defendants did not obtain clear and conspicuous prior consent by the recipients of their telemarketing texts.
The defendants also have allegedly continued to send text messages after consumers text "STOP" as instructed by the text messages.
Hollingsworth and others in the class seek injunctive and declaratory relief, statutory damages of $500 per violating call, treble damages of $1,500 per violating call, plus attorney fees and costs. They are represented by attorney Sergei Lemberg of Lemberg Law LLC in Wilton, Connecticut.
U.S. District Court for the Northern District of Illinois Western Division Case number 3:16-CV-50059