Do Not Send Me Anymore Messages " Pizza Hut Sued for Failng to Honor SMS Opt Out

TCPAWorld readers know well about the trend of new TCPA SMS suits arising out of consumers using plain language to requests text messages to stop– but not using common opt out phrases like “STOP.”

The new suits arise out of an FCC ruling earlier this year that clarified consumers have the right to use any phrase that plainly requests messages cease– and not just stop, cancel, quit, unsubscribe and end.

The latest of these suits hit Pizza Hut recently.

The lawsuit–which was removed to federal court this week– claims Pizza Hut continued sending promotional text messages to a consumer after he stated: “Do not send me anymore messages!!!” in response to a Pizza Hut message.

Despite the alleged opt out request Pizza Hut allegedly sent at least five additional messages promoting its goods.

Plaintiff claims Pizza Hut lacks a “policy” of honoring opt out requests.

Plaintiff seeks to represent himself and a class of individuals who received unwanted SMS messages after requesting Pizza Hut to stop texting them.

The complaint also demands Pizza Hut retain a copy of all databases of text message information, presumably so that the records can be sought in the case.

Very interesting one here. We will keep an eye on it.

Notably Pizza Hut has retained #biglaw to defend it in this one so… we’ll see how it turns out.

You can read the complaint and removal papers here: TCPA Pizza Hut