Villa Restaurant Group Hit with Class Action Over Alleged Promotional Texts
by Erin Shaak
Jones v. Villa Restaurant Group LLC
Filed: February 4, 2022 ◆§ 2:22-cv-00575
Villa Restaurant Group allegedly sends promotional texts to consumers with phone numbers listed on the National Do Not Call Registry, even after they’ve tried to opt out.
New Jersey
Villa Restaurant Group LLC faces a proposed class action over its alleged practice of sending promotional text messages to consumers with phone numbers listed on the National Do Not Call Registry, even after they’ve attempted to opt out.
The 11-page case claims Villa Restaurant Group, who oversees more than 20 restaurant brands including Villa Italian Kitchen, has violated the Telephone Consumer Protection Act (TCPA), a federal law that prohibits the placement of calls and texts to phone numbers listed on the National Do Not Call (DNC) Registry unless the recipient has provided prior express consent to receive the communication.
The plaintiff, an Austin, Texas resident, says that although his phone number has been listed on the DNC Registry since January 2018, he has nevertheless received “repeated” telemarketing text messages from Villa Restaurant Group, including the following:
Per the suit, the plaintiff continued to receive texts from the defendant even after he replied “STOP” on December 1, 2021 in an attempt to opt out of the communications.
“Despite Plaintiff’s unequivocal instructions that Defendant stop placing telemarketing text messages to Plaintiff, Defendant continued to place repeated telemarketing text messages to Plaintiff’s cellular telephone thereafter, including on December 7, 2021, December 15, 2021 and December 21, 2021,” the complaint reads.
The lawsuit looks to cover anyone in the U.S. who, within the past four years, was sent text messages by or on behalf of Villa Restaurant Group more than once in a 12-month period when their number had been listed on the National Do Not Call Registry for at least 30 days for the purpose of selling the defendant’s products and services, and the defendant had not obtained their prior express consent or sent them a message after they told the defendant to “STOP” messaging them.
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