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Spam Pizza: $250 Million Spam Case Against Papa John's Allowed To Proceed - IT-Lex | IT-Lex Spam Pizza: $250 Million Spam Case Against Papa John's Allowed To Proceed - IT-Lex

Spam Pizza: $250 Million Spam Case Against Papa John’s Allowed To Proceed


Following in the footsteps of the Pittsburgh Penguins, Papa John’s pizza was hit earlier this week with a class-action lawsuit seeking massive damages, regarding spam text messages. Plaintiffs recently passed the class certification step, and are off and running in the litigation. As we said back in July, courts have held that corporate mass-texting can be a violation of the Telephone Consumer Protection Act of 1991. So what were the messages from Papa John’s? From CNN Money:

The plaintiffs allege that Papa John’s franchises sent customers a total of 500,000 unwanted messages in early 2010. The spam texts offered deals for pizza, and some customers complained they were getting 15 or 16 texts in a row, even during the middle of the night, according Donald Heyrich, an attorney representing the class.

 “After I ordered from Papa John’s, my telephone started beeping with text messages advertising pizza specials,” Erin Chutich, one of the plaintiffs, said in a statement. “Papa John’s never asked permission to send me text message advertisements.”
In the same CNN article, Papa John’s head of legal affairs suggests that the company should be immune from the suit as the texts were sent “by third-party vendors and a small number of franchisees.” The plaintiffs are claiming $500 in damages per text, which could even be tripled if Papa John’s is found to have willfully sent the spam texts.
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