Papa Murphy’s Promotional Text Messages
Zimmerman Reed has filed a class action lawsuit on behalf of all individuals who received one or more text message advertisements from Papa Murphy’s Pizza, without having provided written consent. Federal law prohibits certain spam texts and provides a penalty of $500-$1,500 for each spam text. If you think you received one of these texts, you may have a claim. We want to talk with individuals who received texts from Papa Murphy’s Pizza – please call us at 1-800-887-8029 of submit your free case review.
How do I know if I provided written consent?
Just because you provided your number does not give Papa Murphy’s the right to send you promotional messages. After October 16, 2013, a company must obtain written consent (a signature is needed) that contains specific disclosures. This is important, because it creates checks and balances so that a company doesn’t take advantage of a consumer.
- January 5, 2016: Order from Court finding that Papa Murphy’s did not obtain proper consent
- May 7, 2015: Complaint filed
Are promotional texts invading your phone?
Their ad, your tab. Don’t let companies push their advertising costs on you. Companies like Papa Murphy’s use text promotions to reach large audiences with minimal effort, but these messages have become the modern day version of junk mail. Zimmerman Reed has been helping other consumers who have not given their written consent in similar lawsuits involving SuperAmerica gas stations and LifeTime Fitness. We can help you, too.
Why should I be concerned about spam text messages?
Consumers are now out with the old and in with the new, having traded in landline phones for cellular devices. 40% of American households now rely exclusively on wireless telephone service, and advertising companies have taken notice. The open rate of promotional text messages is 98% since consumers carry their phone, making it impossible to avoid the especially intrusive autodialed text messages.
Unlike traditional forms of advertising, consumers are forced to take on the costs of spam text messages when wireless service plans do not include unlimited text messaging, regardless of whether or not the message was authorized by the recipient. The Pew Research Center estimates that 69% of cell phone users who use text messaging receive unwanted text message spam, and of those users, 25% face problems with unwanted spam texts at least weekly.
What is the TCPA?
After consumer complaints regarding intrusive and costly telemarketing practices, Congress stepped in to defend the privacy of telephone subscribers. The Telephone Consumer Protection Act of 1991, known as TCPA, was signed into law to protect consumers from unsolicited calls and text messages from automated dialers. The Federal Communications Commission (FCC) has outlined specific rules in the TCPA that restrict companies from sending promotional or advertising text messages without having received written consent from the recipient. The laws that Congress have set in place allow the recipient of an unwanted spam text message to collect between $500 and $1500 for each text violation.
What counts as a violation?
- Using an automated dialer and/or pre-recorded message, called “robocalling”
- Sending unsolicited text messages without written consent from the recipient
- Calling numbers on the National Do Not Call Registry or on any “do-not-call” lists
- Lack of specific language as outlined in the TCPA, including number of messages per month, data and fees that might apply, and providing opt-out information
- Any call or message received from an automatic telephone dialing system, other than a call made for emergency purposes or made with the prior express consent of the called party.
How can I make a difference?
Consumers are fed up with spam text messages invading their phone and have stood up against businesses. These are just a few examples of some recent settlements resulting from promotional text messages.
- Burger King – Consumers were eligible to receive a maximum of $250 following a lawsuit alleging the fast-food giant distributed unwanted texts en masse.
- 20th Century Fox – Class members were eligible to receive a maximum of $200 after the media mogul sent texts following the “Robots” DVD release.
- Career Education – Class members were eligible to receive a maximum of $200 after the company sent texts to consumers without prior express consent.
- Stonebridge Life Insurance – Class members were eligible to receive $155 after the company was sued for illegally inundating consumers with unwanted texts.
- Steve Madden – Class members were eligible to receive a maximum of $150 after the retailer sent unsolicited text advertisements to consumers.
How We Can Help
Protect your rights as a consumer and take action. Our firm is helping consumers who have received a promotional text. Please call our firm at 1-800-887-8029 or fill out a free confidential case review form. We are experienced in handling consumer cases and welcome your questions.