Larson vs. Harman Management Corporation (U.S. District Court, Eastern District of California Case No. 1:16-cv-00219)
In a class action complaint, Lemberg Law is representing Cory Larson, who is suing Harman Management Corporation and 3Seventy, Inc. for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that Harman-Management Corporation sent unauthorized text messages to Mr. Larson’s cell phone.
Harman Management Corporation is a franchisee of several different fast food restaurants, including KFC, Taco Bell, Pizza Hut, and A&W. The complaint outlines that the company worked with 3Seventy, Inc. to market the fast food by sending text “coupons” for free or discounted menu items to consumers, and alleges that they did so without first obtaining prior express written consent as required by the TCPA.
Mr. Larson says that he texted the word “BURGER” to 70626 in order to get a free A&W Papa Burger Single, but didn’t know that the companies would keep his telephone number and continue to send text messages regarding A&W menu items. The suit alleges that Mr. Larson wasn’t told he was consenting to received automated cell phone text messages, and that the same messages were part of a pre-planned telemarketing campaign that was sent to thousands of consumers.
The proposed class of people represented are those in the U.S. to whom the companies sent a telemarketing text message using an automated telephone dialing system without the consumer’s prior express written consent.
Update: The District Court Judge denied Harman Management Corporation’s and 3Seventy’s motion to dismiss the class action lawsuit. In his order, the judge rejected the defendants’ argument that Mr. Larson texting “BURGER” constituted sufficient consent under the TCPA. The court declined to grant the defendants’ motion to strike Mr. Larson’s related class claims, instead saying that consideration of the issue is better suited for the class certification stage of the litigation.