Sonic TCPA Lawsuit & Fast Food Telemarketing Violations

The fast food chain Sonic has been accused in federal court of continually hitting consumers with unwanted text message promotions, allegedly violating TCPA laws. Class action lawsuits have been filed in Illinois, Oklahoma and California, with claims that the company violated the federal Telephone Consumer Protection Act by sending unsolicited text messages to consumers without obtaining prior written consent.

An Illinois plaintiff alleges Sonic Drive-In sent her automatically-generated marketing texts after she replied “stop” to opt out of future communications with Sonic. Attorneys stated in their Sonic TCPA complaint that the behavior of the company resulted in an “invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.”

According to the lawsuit, in July 2020 the plaintiffs received at least two unwanted texts from Sonic in which the restaurant promoted a new menu item. Though the woman replied “stop,” Sonic ignored the plea and sent another text message days later.

For many victims of the Sonic TCPA violations, filing a lawsuit isn’t just about financial compensation. Consumers, rather, are tired to taking time and attention away from their daily life due to spam text messages.

Current Sonic TCPA lawsuits noted the following examples of texts:

• The SONIC Double Feature: single-patty Cheeseburger & Sm Shake for $3.99! Lmt tome @ part’ drive-ins. + Tax / addons. More: [link] HELP/STOP: 8447887525.
• Get fizzy with it! Snag a Large SONIC Fruit Fizz for $0.99! Valid 1/3 only @ @ part’ drive-ins. HELP/STOP: 8447887525
• Today @ Sonic ½ price 3 or 5 pc Crispy Tenders! Must mention @part’ drive-ins or use promo code CRISPY in app! Valid 2/6 + tax/addon HELP/STOP call 8447887525.

If you have been bombarded with unwanted text messages from Sonic or another company, you may be eligible to join an existing class action. Proposed class members include anyone who has received an unsolicited text message from Sonic in the last four years and who did not provide them with written consent.

Sonic TCPA Lawsuits

According to the Federal Communications Commission, even if you have established a business relationship with a company, they do not have permission to send robotexts and robocalls forever. Particularly if you have opted out of receiving promotional materials, consumers are supposed to be protected. According to TCPA law, even mobile phone numbers that have not been placed on the national Do-Not-Call list are protected from unsolicited commercial texts.

Lawsuits involving TCPA violations have resulted in multi-million-dollar settlements with fast food restaurants, hotels, banks, car dealers, real estate agents and credit card companies. A consumer may be awarded $500 per unwanted text or robocall, or up to $1,500 per violation if it can be proven the TCPA violation was intentional. A company using automated call and messaging services must provide a way for consumers to opt out of future text messages at any time.

Plaintiffs allege Sonic invaded their privacy by negligently or willfully sending them text messages beginning in December 2017. A California plaintiff alleges that she received at least seven texts from Sonic in 2017 and between three to nine unsolicited texts per month until she took legal action.

Checkers TCPA Settlement

Sonic has not been the only fast food company named in TCPA litigation. Checkers Drive In agreed to a class action settlement to pay consumers who received unwanted text messages from Checkers or Rally’s between December 2013 to March 2019.

The unwanted text lawsuit alleged that the restaurant lured customers by offering free food if they texted a given number. Plaintiffs alleged that after they texted that number, they were in turn regularly sent texts.

According to the complaint, the Checkers and Rally’s text messages violated the Telephone Consumer Protection Act, and Checkers agreed to stop using its database of cell phone numbers to send advertising text messages.