Class Action Alleges Pizza Hut Text Message Ads Violated Florida Law

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A proposed class action alleges Pizza Hut, LLC has unlawfully sent automated text message advertisements to consumers who never provided express consent to be contacted.

The lawsuit alleges Pizza Hut’s messages have violated the Florida Telephone Solicitation Act, a state law that prohibits the placement of telephonic sales calls, i.e., telephone calls, text messages or voicemail transmissions, to consumers who have not provided their express written consent to receive the calls.

According to the suit, Pizza Hut’s text messages have harmed “several thousands, if not more,”  of Florida residents by causing “inconvenience, invasion of privacy, aggravation, [and] annoyance.”

Behind the lawsuit is a Florida citizen who claims to have received the following text message advertisements from Pizza Hut beginning in July 2021:

The case alleges the text messages were sent using “a computer software system that automatically selected and dialed Plaintiff’s and the Class members’ telephone numbers.” Per the suit, the plaintiff never consented to receive sales messages sent through an automated system.

The lawsuit, which was recently removed from Miami-Dade County Circuit Court to Florida’s Southern District Court, looks to cover anyone in the state who was sent a telephonic sales call, including texts, regarding the defendant’s goods and/or services using the same equipment or type of equipment used to contact the plaintiff.

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