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ANOTHER SLICE OF THE PIE: Serial TCPA Plaintiff Goes After Pizza Hut
Wednesday, May 14, 2025

It seems Joseph Brennan is no stranger to the drive-thru – or the courtroom. See FROM CORN DOGS TO COURTROOMS: Sonic’s Texts Might Cost More Than a Combo Meal – TCPAWorld. This time, he’s served a steaming hot complaint against Pizza Hut.

Joseph Brennan v. Pizza Hut, Inc. was originally filed in the Western District of Louisiana. Following an unopposed motion to transfer by Pizza Hut, the case was moved to the Northern District of Texas on May 13, 2025.

In his Complaint, Brennan states that he never gave Pizza Hit his phone number, never opted in to any of their rewards programs, and never had a business relationship with Pizza Hut. Yet, Brennan alleges that he received three unsolicited text messages from Pizza Hut on August 30, 2024, September 5, 2024, and September 27, 2024, despite placing his number on the National Do Not Call Registry.

Brennan also purports to represent the following class:

All persons throughout the United States (1) to whom Pizza Hut delivered, or directed to be delivered, more than one text message within a 12 month period for purposes of solicitating the sale of a Pizza Hut product, (3) where the person’s telephone number had been registered with the National Do Not Call Registry for at least thirty (30) days before Pizza Hut delivered or directed to be delivered at least two of the text messages within the 12 month period, (3) from four-years prior to the filing of the initial complaint in this action through the date notice is disseminated to a certified class, and (4) for whom Defendant claims it obtained prior express invitation or permission in the same manner as Defendant claims it obtained prior express invitation or permission from Plaintiff.

As the case heats up in Texas, we’ll be keeping a close eye on whether Brennan’s claims rise to the occasion.

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