in Newswire Published on January 13, 2023

Class Action Alleges Sonic Drive-In Sent Illegal Spam Texts

Balasetti v. Sonic Industries, LLC

Filed: January 11, 2023 ◆§ 5:23-cv-00038

A Florida consumer has filed a class action that alleges Sonic Drive-In unlawfully sent him automated promotional text messages without his consent.

Defendant(s)

Sonic Industries LLC

Law(s)

Florida Telephone Solicitation Act

State(s)

Oklahoma

Categories

Privacy

A Florida consumer has filed a proposed class action that alleges Sonic Drive-In unlawfully sent him automated promotional text messages without his consent.

The 15-page case alleges the fast-food chain has violated the Florida Telephone Solicitation Act (FTSA), a state law designed to protect citizens’ privacy from intrusive calls and text messages. The lawsuit explains that under the FTSA, companies must obtain written consent before using an automated system to solicit the sale of goods or services via text message.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The plaintiff claims that since July 1, 2021, he has received “numerous” text messages from Sonic, even though he never gave the company permission to contact him. Per the suit, the robotexts invaded the man’s privacy and intruded upon his seclusion.

The lawsuit says one text message, sent on December 15, 2022, reads:

“Today only at SONIC: $0.99 Small Mozzarella Sticks! Deal auto-applies in the app & at participating drive-ins 12/15. Lmt 5. +tax. Txt STOP to end[.]”

According to the complaint, Sonic uses dialing equipment that allows it to send text messages “en masse” in an “automated fashion and without human intervention.”

The filing states that any person “aggrieved” by a violation of the FTSA may recover $500 for each violation and up to $1,500 for each knowing or willful violation.

The lawsuit looks to cover anyone in Florida who, since July 1, 2021, received a telephonic sales call made by or on behalf of Sonic using the same type of equipment used to make telephonic sales calls to the plaintiff.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.

Case Spotlight

Video Game Addiction Lawsuits

If your child suffers from video game addiction — including Fortnite addiction or Roblox addiction — you may be able to take legal action. Gamers 18 to 22 may also qualify.

Learn more:Video Game Addiction Lawsuit

Depo-Provera Lawsuits

Anyone who received Depo-Provera or Depo-Provera SubQ injections and has been diagnosed with meningioma, a type of brain tumor, may be able to take legal action.

How Do I Join a Class Action Lawsuit?

Did you know there's usually nothing you need to do to join, sign up for, or add your name to new class action lawsuits when they're initially filed?

Read more here: How Do I Join a Class Action Lawsuit?