CNN Money reports that the claimants’ maintain that Papa John’s – which sits third in the US pizza take-away hierarchy behind Pizza Hut and Domino’s – sent around 500,000 spam messages in early 2010. Some customers complained they received 15 or more texts in a row, even in the middle of the night, according to Washington lawyer Donald Heyrich from HKM Employment Attorneys.
Claimant Erin Chutich commented: ‘After I ordered from Papa John's, my telephone started beeping with text messages advertising pizza specials. Papa John's never asked permission to send me text message advertisements.’
The litigants are seeking $500 per text, but they could be awarded as much as $1,500 for each message if a jury rules that Papa John's wilfully broke the law.
However, Caroline Oyler -- Papa John's head of legal affairs -- said the text messaging operation is not subject to the law suit, as the messages were sent ‘by third-party vendors and a small number of franchisees.
Ms Oyler added that she saw ‘no basis’ for the claimants’ estimate of $250 million. ‘We don't agree with it and will continue to aggressively defend it,’ she said. We'll continue to litigate the case and defend the lawsuit and move to have it dismissed.’
Email your news and story ideas to: [email protected]
