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TCPA Case Resolved in Client’s Favor

Industry: Food & Beverage

Key Facts

  • TCPA class action
  • Potential multimillion dollar class action
  • Motion to dismiss granted

The Situation

The plaintiff filed a lawsuit in the Eastern District of California alleging that a text message from our client Hofman Hospitality Group’s restaurant, Lucille’s BBQ, sent to the plaintiff’s cellphone violated the TCPA. The plaintiff willingly provided his phone number to our client in connection with a dinner reservation at the restaurant but said that he did not provide consent to receive advertisements (i.e., the link to Specials at the bottom of the message).

The Approach

We moved quickly to file a motion to dismiss on the basis that the message was sent in furtherance of an ongoing business transaction (plaintiff dining at the restaurant), and therefore, was within an exemption under the TCPA. The District Court agreed with our position and granted the defendant's motion to dismiss all of plaintiff's claims, with prejudice.

The Outcome

While other Fortune 500 companies have paid over $100 million cumulatively in settlements for nearly identical allegations, Mintz’s defense team succeeded in dismissing the class action on an initial round of motion practice and without any discovery. This is also comforting news to all businesses who contact consumers via cell phone in furtherance of an ongoing transaction.

Supporting Professionals

Joshua Briones, Managing Member of the firm’s Los Angeles office, and Nicole Ozeran, an Associate in the firm’s Litigation Practice, quickly dismissed this potentially costly class action.