Chipotle Hit with TCPA Class Action Over Alleged Automated Text Messages
Johnson v. Chipotle Mexican Grill
Filed: June 19, 2019 ◆§ 4:19cv3506
A California consumer claims Chipotle sent her at least one unsolicited, auto-generated text message without consent to do so.
California
A California resident is behind a lawsuit in which she claims Chipotle Mexican Grill sent consumers unsolicited, automatically generated text messages en masse as part of its marketing and promotional efforts.
The proposed class action states the plaintiff received at least one unauthorized text message from Chipotle sent via short code despite never consenting to be contacted by the eatery through text messages. Citing the Telephone Consumer Protection Act (TCPA), the case posits that based on the messages’ “impersonal nature” and contents, which instruct recipients to “interact with it in a way one would interact with an automated program,” the defendant has likely sent the unauthorized texts to “hundreds, if not thousands” of individuals.
Under the TCPA, the lawsuit says, proposed class members may be entitled to between $500 and $1,500 for every unwarranted text message allegedly sent by Chipotle.
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