WEST PALM BEACH, Fla. (Legal Newsline) – A Palm Beach County, Florida man alleges the operator of fast food chains Rally's and Checkers invaded his privacy with text messages.
Joel Medgebow, individually and on behalf of all others similarly situated, filed a complaint on Jan. 23 in the U.S. District Court for the Southern District of Florida, West Palm Beach Division against Checkers Drive-in Restaurants Inc. over alleged violation of the Telephone Consumer Protection Act.
According to the complaint, between December 2018 and January, Medgebow received 20 or more unsolicited text messages from the defendant advertising its restaurants.
The plaintiff alleges that despite revoking his consent to continue receiving text messages on Dec. 5, 2018, the defendant continued to send him text message advertisements and invaded his privacy.
The plaintiff holds Checkers Drive-in Restaurants Inc. responsible because the defendant allegedly sent unconsented spam text messages through the use of an automatic telephone dialing system in violation of the TCPA.
The plaintiff requests a trial by jury and seeks judgment for statutory and willful damages, injunction, attorney's fees, costs, and such further and other relief as the court deems reasonable and just. He is represented by Seth M. Lehrman of Edwards Pottinger LLC in Fort Lauderdale, Florida and by attorneys from Eggnatz Pascucci in Davie, Florida.
U.S. District Court for the Southern District of Florida West Palm Beach Division case number 9:19-cv-80090-BB