LOS ANGELES (Legal Newsline) – A California man has filed a lawsuit against Popeyes Louisiana Kitchen over claims of text message spam.
Jacob Meier, on behalf of himself and all others similarly situated, has filed a class action lawsuit on Nov. 2 in the U.S. District Court for the Central District of California against the fried chicken company over claims that it violated the Telephone Consumer Protection Act (TCPA).
Meier alleges that Popeyes, in a effort to advertise their fast food restaurant, engaged in an invasive and unlawful form of marketing: the transmission of unauthorized advertisements in the form of text message calls to the cellular telephones of consumers throughout the country. On or about Jan. 21, Meier allegedly responded to an advertisement by defendant and enrolled in defendant’s mobile alert program by sending a text message containing the phrase “love that chicken” to the short code 31286. The complaint states that Meier was then notified that he would receive no more than two text messages a month regarding deals. However, he alleges that in the month of April, he received three texts. He claims that this violated the opt-in agreement and the TCPA.
Meier is seeking a jury trial, statutory damages, an injunction to defendant to cease unlawful activities, court and attorney costs, and any relief deemed just by the court. He is represented by David C. Parisi and Suzanne Havens Beckman from Parisi & Havens LLP in Santa Monica, California.
U.S. District Court for the Central District of California case number 8:15-cv-01785-AG-KES