Class Action Claims Subway Telemarketing Texts Violated Federal Law

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A proposed class action claims a franchisor of Subway restaurants has sent unlawful telemarketing text messages to consumers whose numbers were listed on the National Do Not Call Registry.

Per the 13-page lawsuit, defendant Doctor’s Associates, LLC has engaged in an unsolicited text messaging campaign to promote its Subway franchisees, resulting in “the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.”

The case, which alleges violations of the federal Telephone Consumer Protection Act (TCPA), says the defendant “bombarded” the cell phone of a Broward County, Florida resident with the following telemarketing messages between October 2020 and May 2021:

The plaintiff says his cell phone number has been registered with the National Do Not Call Registry since September 2020.

According to the suit, the defendant sent similar messages to thousands of other consumers whose cell phone numbers were listed on the registry in violation of the TCPA, which prohibits entities from sending more than one telemarketing text within a 12-month period to numbers listed on the Do Not Call Registry without first obtaining the recipient’s consent to be contacted.

The plaintiff claims the defendant’s unsolicited messages harmed and inconvenienced him, not to mention disrupted his daily life and depleted his time, cell phone storage and battery life.

“Additionally, Defendant’s unsolicited messages violated Plaintiff’s substantive rights under the TCPA from [sic] be free from harassing calls like Defendant’s,” the complaint scathes.

Initially filed in Broward County, Florida Circuit Court on June 17, the lawsuit has since been removed to federal court in the state’s southern district.

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