A proposed class action alleges Encore Drive-In Nights has sent consumers unlawful, unsolicited telemarketing texts without first securing prior express consent to do so.
The 14-page lawsuit against defendant Encore Live, LLC claims the company has sent text messages to cell phone numbers nationwide, including some on the national Do Not Call Registry, in an attempt to sell tickets to various events. The case alleges Encore has violated the Telephone Consumer Protection Act, a federal law designed to reign in unsolicited robocalls and texts placed by marketers.
The plaintiff, an Oceanside, California resident, claims to have received to his cell phone two unsolicited texts from Encore on August 29, 2021. Per the suit, the texts contained a hyperlink to a Tixr.com webpage offering for sale tickets to a country music event presented by Encore:
The lawsuit claims the plaintiff provided neither his phone number nor consent for Encore to contact him via text message. According to the complaint, the text messages the plaintiff has received from the events management company have caused harm in the form of “annoyance, nuisance, and invasion of privacy,” and disturbed the man’s use and enjoyment of his cell phone.
Per the suit, the plaintiff’s number has been in the National Do Not Call Registry since May 2005.
The case looks to represent:
“All persons in the United States who from four years prior to the filing of this action through trial (1) Defendant (or an agent acting on behalf of the Defendant) texted more than one time, (2) within any 12-month period, (3) where the person’s residential telephone number had been listed on the National Do Not Call Registry for at least thirty days, (4) for substantially the same reason Defendant texted Plaintiff, and (5) for whom Defendant claims it obtained the person’s number in substantially the same manner it obtained Plaintiff’s number.”
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.