Further, Checkers has agreed to stop using its database of cell phone numbers to send further advertising text messages. The plaintiff accused Checkers of wasting her and other Class Members’ time, cell phone data, and battery.Ĭheckers has denied any wrongdoing, but agreed to pay Class Members two $5 vouchers, good for purchases at any Checkers or Rally’s restaurants. The Checkers unwanted text class action lawsuit alleged that consumers received these messages without providing prior permission, as required under the TCPA. Each violation can result in a $500 to $1,500 fine. Failure to comply with the TCPA can lead to big fines for advertisers and the companies who hire them. The Act was updated to include prohibitions against advertising text messages. Enacted in 1991, the TCPA limits the ability of advertisers to contact potential customers by phone and fax. According to the complaint, these Checkers and Rally’s text messages violated the Telephone Consumer Protection Act, or TCPA.
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