in Newswire Published on July 13, 2022

The Hampton Social Hit with Class Action Over Alleged Telemarketing Texts

Boukardougha v. Parker Restaurant Group LLC

Filed: July 12, 2022 ◆§ 6:22-cv-01207

A class action alleges the Hampton Social sent automated text message advertisements to consumers’ cell phones without first securing their consent to do so.

Defendant(s)

Parker Restaurant Group LLC The Hampton Social

Law(s)

Telephone Consumer Protection Act Florida Telephone Solicitation Act

State(s)

Florida

The Hampton Social faces a proposed class action that alleges the restaurant chain has sent automated text message advertisements to consumers’ cell phones without first securing their consent to do so.

According to the 19-page lawsuit, defendant Parker Restaurant Group LLC, who does business as the Hampton Social, has violated the federal Telephone Consumer Protection Act (TCPA) and Florida Telephone Solicitation Act (FTSA), both of which prohibit the use of automatic telephone dialing equipment to place telemarketing calls or texts to consumers’ cell phones without their prior consent.

“To promote its goods and services, Defendant engages in aggressive telephonic sales calls to consumers without having secured prior express written consent as required under the FTSA and with no regard to consumer rights under the TCPA,” the complaint alleges.

The plaintiff in the case is an Orange County, Florida resident who says he received the following telemarketing text messages from the Hampton Social between March and May 2022:

Per the case, the plaintiff’s phone number has been listed on the National Do Not Call Registry since 2005, and the man says he has never provided the defendant with his consent to receive automated telemarketing text messages.

The lawsuit alleges that the Hampton Social used a messaging platform to send the texts automatically and without human involvement. Per the case, telemarketers are required to obtain a recipient’s consent before using such technology to send “blasts of text messages.”

The suit points out that the Hampton Social could have conducted its business either without sending automated text messages to consumers or while adhering to the FLSA’s requirements for doing so.

The lawsuit proposes to cover the following two classes:

“All persons in Florida who (1) were sent a telephonic sales call regarding Defendant’s goods and/or services, (2) using the same equipment or type of equipment utilized to call Plaintiff, within the time period of four years prior to the filing of the original Complaint through the date on which an Order granting class certification is entered.”

“All persons in the United States who from four years prior to the filing of this action (1) were sent a call or text message by or on behalf of Defendant; (2) more than one time within any 12-month period; (3) where the person’s telephone number had been listed on the National Do Not Call Registry for at least thirty days; (4) for the purpose of selling Defendant’s products and services; and (5) for whom Defendant claims (a) it did not obtain prior express written consent, or (b) it obtained prior express written consent in the same manner as Defendant claims it supposedly obtained prior express written consent to call the Plaintiff.”

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