Subway and T-Mobile Sued for Spam Text Scheme

A spam text class action lawsuit filed in September of this year accuses Subway Sandwich Shops Inc. and T-Mobile USA Inc. of running a joint promotion for chicken sandwiches that involved sending spam text messages to customers phones that violate the Telephone Consumer Protection Act (TCPA). The TCPA prohibits companies from sending texts or making automated robocalls to cell phones without first receiving the recipients’ consent to receive the calls or texts. Companies that make robocalls calls or send spam texts in violation of the TCPA may be liable for damages up to $1500 per call or text.

The ad purportedly said: “This T-Mobile Tuesday, Score a free 6” Oven Roasted Chicken sub at SUBWAY, just for being w/ T-Mobile,” and included a link to an app that would provide more details. The lawsuit claims that the messages were sent by an autodialer without the express written consent of the recipients.

Have you received a spam text?

If you received a spam text or an unwanted and unapproved robocall to your cell phone by Subway or T-Mobile, you may have a valid TCPA claim and be entitled to recover damages.

Contact an experienced robocall lawyer at Dimond Kaplan & Rothstein, P.A. today for a free consultation to discuss your rights and potential legal claims.