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The plaintiffs allege that Papa John's (PZZA) 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."
The pizza franchises sent the text blasts through a mass text messaging service called OnTime4U, which is also a defendant in the case. When Papa John's was first sued in April 2010, the franchises allegedly ended their involvement with OnTime4U's text program, after the pizza company informed its corporate stores and franchisees that sending unsolicited messages to cellphones "is most likely illegal."
The Telephone Consumer Protection Act of 1991 bars companies from sending advertisements via text message without a consumer first opting into the service.
Caroline Oyler, Papa John's head of legal affairs, said that Papa John's corporate text messaging program is not subject to the lawsuit, as the text were sent "by third-party vendors and a small number of franchisees."
Source: CNN Money | Olivia Smith