ST LOUIS (LALATE) – The Papa John’s lawsuit is seeking customers who allegedly received unwarranted text messages. The Papa John’s class action lawsuit claims that in early 2010 the retailer allegedly sent out a half million text messages to customers who never agreed to receive texts from the company.
The Papa John’s purported conduct concerns its relationship with OnTime4U. OnTime4U, a co-defendant, allegedly provided mass text messaging to the company to target customers who bought food through their cellphones.
Two years ago, both defendants were sued and Papa Johns ended its relationship with the company. But a new lawsuit has been filed. â€śAfter I ordered from Papa Johnâ€™s, my telephone started beeping with text messages advertising pizza specials,â€ť Erin Chutich, one of the plaintiffs, said in a news statement today. â€śPapa Johnâ€™s never asked permission to send me text message advertisements.â€ť
The plaintiffs claim they received upwards of sixteen text messages in a row, often in the middle of the night. The case is making news for the amount of recovery being sought. Each plaintiff is seeking $500 per text and upwards of $15000 per message under certain alleged conduct.
â€śWe have noticed text message spam is increasing in part because advertisers see it as a great way to get their material directly into the hands of customers,â€ť plaintiffs’ attorney Donald Heyrich said in a news statement. â€śWe hope this case keeps text message spam out of cell phones.â€ť Caroline Oyler, Papa Johnâ€™s head of legal affairs, says the case lacks merit.