in Newswire Published on January 23, 2023

Guac is Extra: Chipotle Hit with Class Action Over Alleged Spam Texts

Diaz v. Chipotle Mexican Grill, Inc.

Filed: January 18, 2023 ◆§ 8:23-cv-00106

A Florida resident faces off against Chipotle Mexican Grill in a proposed class action lawsuit that alleges the restaurant chain has sent automated texts to consumers without consent.

Defendant(s)

Chipotle Mexican Grill, Inc.

Law(s)

Florida Telephone Solicitation Act

State(s)

California

Categories

Privacy

A Florida resident faces off against Chipotle Mexican Grill in a proposed class action lawsuit that alleges the restaurant chain has sent automated texts to consumers without consent.

The 18-page complaint says Chipotle sent the plaintiff automated promotional texts starting in early July 2021 and most likely sent similar messages to other consumers across Florida. According to state law, companies are prohibited from making automated sales calls and sending texts to consumers without obtaining their prior written consent, the case shares.

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The suit alleges that each of the text messages sent by Chipotle to the plaintiff and other consumers was transmitted using an automated system designed to select and dial phone numbers en masse.

The case claims that on October 31, 2022, the plaintiff and likely other consumers received a promotional text from the defendant that stated, “Happy Boorito! Visit any U.S. Chipotle in costume & get a $6 entrée after 3pm. Rewards member exclusive. Info: chipotle.com/rewards&utm_source=Vibes&utm_medium=SMS&utm_campaign=10312022_Boorito. Txt HELP4help STOP2quit.”

The plaintiff contests that the texts at issue invaded her privacy since she never provided Chipotle with consent to contact her, the complaint says. By filing the lawsuit, the woman hopes to prevent the defendant from sending promotional text messages to her phone number and the numbers of other consumers in the future, the case explains.

The lawsuit looks to represent anyone residing in Florida who has received automated telephonic sales calls or text messages from Chipotle since July 1, 2021.

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