A federal law, the Telephone Consumer Protection Act, tries to protect consumers from unwanted telemarketing calls. This case brings suit instead under a state law, the Florida Telephone Solicitation Act (FTSA), for unwanted junk text messages sent to consumers to advertise the products of Pizza Hut, LLC.
The class for this action is all persons in Florida who (1) were sent a telephone sales call regarding Pizza Hut’s goods or services (2) using the same equipment or type of equipment used to call the plaintiff in this case.
In this case, plaintiff Javae Patton received a series of text messages from Pizza Hut.
The messages each included a URL and an advertising message from Pizza Hut:
- “Pizza Hut: Last call to order The Edge. Run (don’t walk) to get it. … Reply STOP to unsubscribe.”
- “Pizza Hut: Over a POUND of meat & cheese for just $12.99. Get a large Meat Lover’s today. … Reply STOP to unsubscribe.”
- “Pizza Hut: There are six meats on every slice of our large Meat Lover’s—just $12.99. … Reply STOP to unsubscribe.”
- “Pizza Hut: Check dinner (and tomorrow’s breakfast) off the to-do list with the Big Dinner Box. … Reply STOP to unsubscribe.”
A company violates the FTSA when it “make[s] or knowingly allow[s] a telephonic sales call to be made if such call involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called without the prior express written consent of the called party.”
As shown by the content of the messages, the purpose of the text message calls was to solicit the sale of its pizzas. Patton says he never gave his written consent to receive such calls.
A sales telephone call involves a “call, text message, or voicemail transmission to a consumer” that solicits sales of goods or services, offers extensions of credit to buy such goods or services, or aims to obtain information to be used for those things.
The law also defines “prior express written consent,” which is an agreement in writing that includes (1) the signature of the called party, (2) clearly authorizes the types of calls at issue under this law, (3) includes the telephone number to which such calls are authorized, and (4) carries a clear and conspicuous disclosure disclosing certain information, including that the person is not required to enter into the agreement as a condition of buying any property, goods, or services.