Yates said she then received more than 10 text message ads, but only one gave instructions on how to opt out of future messages. In return she received a message advising her to opt in to get the coupon “and other deals from Checkers/Rally’s.” The order said Yates initially sent a text message to a short code number to earn a free cheeseburger coupon from Checkers. The defendants had asked the complaint be dismissed, asserting the plaintiff had failed to state a claim or had lacked standing to bring the suit, according to the court decision.Īlthough Judge Sharon Johnson Coleman denied the defendants' motion, she did ask Yates “to provide a more definite statement of her claims.” Plaintiff Madeleine Yates had filed a lawsuit in 2017 claiming Checkers and Vibes violated the federal Telephone Consumer Protection Act by repeatedly sending her advertisements via text message. ![]() ![]() CHICAGO - A federal judge has denied a request by drive-in fast food restaurant chain Checkers and Vibes Media LLC to throw out a class action lawsuit accusing them of sending text messages to customers without including instructions for how to stop more from coming.
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