TCPAWorld
The World of the Telephone Consumer Protection Act
TCPAWorld readers know well about the trend of new TCPA SMS suits arising out of consumers using plain language to requests text messages to stop– but not using common opt out phrases like “STOP.”
The new suits arise out of an FCC ruling earlier this year that clarified consumers have the right to use any phrase that plainly requests messages cease– and not just stop, cancel, quit, unsubscribe and end.
The latest of these suits hit Pizza Hut recently.
The lawsuit–which was removed to federal court this week– claims Pizza Hut continued sending promotional text messages to a consumer after he stated: “Do not send me anymore messages!!!” in response to a Pizza Hut message.
Despite the alleged opt out request Pizza Hut allegedly sent at least five additional messages promoting its goods.
Plaintiff claims Pizza Hut lacks a “policy” of honoring opt out requests.
Plaintiff seeks to represent himself and a class of individuals who received unwanted SMS messages after requesting Pizza Hut to stop texting them.
The complaint also demands Pizza Hut retain a copy of all databases of text message information, presumably so that the records can be sought in the case.
Very interesting one here. We will keep an eye on it.
Notably Pizza Hut has retained #biglaw to defend it in this one so… we’ll see how it turns out.
You can read the complaint and removal papers here: TCPA Pizza Hut
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The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues. View all posts by Eric “Czar” Troutman
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“DO NOT SEND ME ANYMORE MESSAGES!!!!”: Pizza Hut Sued for Failing to Honor SMS Opt Out Request–And The Trend Continues – TCPAWorld
