![]() ![]() “The defendants contend that Yates has failed to allege the basic elements necessary to state a claim for violation of the TCPA," the ruling said. In support of their dismissal motion, the opinion said the defendants submitted an advertisement like the one Yates would have seen regarding the free coupon, claiming “the advertisement contains fine print at the bottom.” ![]() Yates said she then received more than 10 text message ads, but only one gave instructions on how to opt out of future messages. In return she received a message advising her to opt in to get the coupon “and other deals from Checkers/Rally’s.” The order said Yates initially sent a text message to a short code number to earn a free cheeseburger coupon from Checkers. The defendants had asked the complaint be dismissed, asserting the plaintiff had failed to state a claim or had lacked standing to bring the suit, according to the court decision.Īlthough Judge Sharon Johnson Coleman denied the defendants' motion, she did ask Yates “to provide a more definite statement of her claims.” Plaintiff Madeleine Yates had filed a lawsuit in 2017 claiming Checkers and Vibes violated the federal Telephone Consumer Protection Act by repeatedly sending her advertisements via text message. CHICAGO - A federal judge has denied a request by drive-in fast food restaurant chain Checkers and Vibes Media LLC to throw out a class action lawsuit accusing them of sending text messages to customers without including instructions for how to stop more from coming. ![]()
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