CHICAGO (Legal Newsline) – An Illinois consumer alleges fast food sandwich chain sent him unsolicited text messages.
Matthew Warciak, on behalf of himself and all others similarly situated, filed a suit gainst Subway Restaurants Inc. in the United States District Court for the Northern District of Illinois, Eastern Division on Sept. 6 citing the Telephone Consumer Protection Act and the Illinois Consumer Fraud Deceptive Business Practices Act.
According to the complaint, in September Subway, as part of a marketing ploy with cell service provider T-Mobile, started a text message campaign offering millions of customers a free sandwich from its stores. The recipients of these messages did not agree to receive these messages, the suit states. Warciak claims his right to privacy was invaded.
The plaintiff is seeking an injunction requiring Subway to cease its allegedly unlawful text messaging campaign, statutory damages for each such violation, and attorney’s fees. He is represented by Benjamin H. Richman and Courtney C. Booth of Edelson PC in Chicago.
U.S. District Court for the Northern District of Illinois, Eastern Division Case Number 1:16-cv-08694