/>iQuick one for you.
A consumer named Joseph Brennan just retained the Wolf to sue Wendy’s in a TCPA class action arising out of text messages he claims he did not consent to.
The texts promoted Wendy’s food and a promotional program.
Plaintiff hopes to represent a class of:
National Do Not Call Registry Class: All persons in the United States whose (1)
telephone numbers were on the National Do Not Call Registry for at least 31
days, (2) but who received more than one telemarketing text message or call from
or on behalf of Defendant, (3) within a 12-month period, (4) at any time in the
period that begins four years before the date of filing this Complaint to trial.
Will be interesting to see if the case arises out texts to a wrong number or if the Plaintiff signed up to receive the texts.
Notably, retail chains have historically done a poor job of documenting SMS club opt ins via shortcode so there may be some meat on this one.
Then again, if the guy has visited a Wendy’s in the last 18 months it will have an EBR defense. Should also definitely disrupt the class. So will be very interesting.
We’ll see where this goes.
Full complaint here: predocketComplaintFile (1)
