MyPizza Technologies, Inc. faces a proposed class action filed by an Illinois sports bar and grill owner who says he received unsolicited text messages promoting the company’s pizza ordering app, Slice.
According to the lawsuit, MyPizza solicits individual pizzerias to sell their products through Slice, an online and mobile pizza ordering app that offers users exclusive deals and charges pizzerias a reduced price for use of the platform.
The plaintiff says he received to his personal cell phone in February 2020 a text message from MyPizza suggesting he add Valentine’s Day specials to his menu and asking that he email the defendant. On March 4, the plaintiff allegedly received another text message from the same number—(646) 542-1877—in which MyPizza informed him that it had a “March Madness” deal for his shop and that he could add the item to his menu by replying “yes.” The plaintiff says he received yet another text on June 30 that promoted the defendant’s “Camp Slice” promotion and suggested that the plaintiff visit the company’s website.
According to the case, the three text messages were similar in nature in that they each promoted MyPizza’s products and services and were sent with the goal of soliciting the plaintiff to use the Slice app in order to increase the defendant’s profits.
Considering the impersonal nature of each text, the lawsuit says the messages were sent en masse to “thousands of randomly generated cellular telephone numbers” using an automatic telephone dialing system (ATDS), the use of which is prohibited for non-emergency calls absent a recipient’s prior express consent under the federal Telephone Consumer Protection Act (TCPA).
The plaintiff says he never provided his cell phone number to MyPizza, much less his consent to be contacted using an ATDS. Moreover, the man claims his phone number has been listed on the National Do Not Call Registry since May 2009.
The case charges the plaintiff has suffered damages due to the defendant’s allegedly unlawful telemarketing campaign, including wireless service expenses, wasted data storage, wasted time, aggravation and intrusion upon his seclusion and privacy.
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