Lemberg Law is currently pursuing a class action suit against Jackson Hewitt Inc., American Express Company, and Restaurant.com Inc. for violating the TCPA with a text message that looks like this:
The complaint alleges automated text messages marketing Jackson Hewitt’s tax preparation services, the American Express Serve® Card, plus coupons and membership to Restaurant.com were sent using a fully automated system to possibly tens of thousands of consumers. Because these messages were unauthorized and not for emergency purposes they were sent in violation of the TCPA.
Not only were these messages sent without authorization, but attempts to stop receiving such messages were completely ignored by the Jackson Hewitt and its codefendants. Initial messages offered an opt out procedure via text. However, even after the clients responded to the text with the word “Stop”, as instructed, the messages continued. This was a blatant violation of the TCPA. Did it happen to you too?
Individuals included in the suit are divided into two classes. Class 1 as defined in the complaint filed on March, 11, 2016, includes those who did not provide the Defendants with clear prior express written consent to send automated telemarketing text messages and received one or more of these messages within four years prior to the date the complaint was filed. Class 2 as defined in that same complaint includes those who notified the Defendants that they no longer wanted to receive automated telemarketing text messages and still received one or more text messages four years prior to the date the complaint was filed.
If you were contacted by Jackson Hewitt, American Express, or Restaurant.Com via text message after March, 11, 2012 you may be included in this class action suit. Please contact Lemberg Law immediately to make your claim.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
