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Hooters to Pay $1.3M in TCPA Text Message Class Action Lawsuit


This is a settlement for the lawsuit.

Santa Clara, CA: Hooters has agreed to pay $1.3M to settle a proposed Telephone Consumer protection Act (TCPA) class action lawsuit brought by a customer who alleged the restaurant chain sent him a single unsolicited text message.

The proposed lawsuit, filed in 2015 by lead plaintiff Michael Etzel, claims Hooters of America LLC (HOA) sent a text message both to him and each of the class members, according to court filings. The text message said: “Hooters Fans: Our mClub has moved! Don’t worry, you’ll still receive exclusive news, just from a new number. Reply STOP to unsubscribe Msg&Data Rates may apply.”

The settlement will reportedly fund $50 gift cards redeemable at all Hooters restaurants to a first tier of class members who submit valid claims and $20 cards to second-tier members, according to the motion. Additionally, Etzel will be awarded up to $10,000, according to the settlement motion.

Further, “HOA will be forever enjoined from sending a text message to the class members, without having received an express written consent for such contact provided after the date of this settlement agreement,” the motion states. “This prohibits HOA from sending any further messages to the class members, halting forever any illegal text communications that force the consumer to incur charges, deplete a cellphone’s battery, invade privacy ... and waste the consumer’s time or cause the risk of personal injury due to interruption and distraction.”

The case is Michael Etzel v. Hooters of America LLC, case number 1:15-cv-01055, in the U.S. District Court for the Northern District of Georgia.

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Published on Aug-14-17


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