Burger King Thinks Fax Spam is Viable Advertising, Gets Sued Instead

March 8th, 2013

Burger King’s delivery service may revolutionize the fast food industry. The burger chain reportedly started delivering burgers and fries using specialized thermal packaging in Houston, Washington, D.C. and Miami. Last fall, it began service in New York.

Delivering fast food (outside of pizza) is not an easy endeavor, and it takes quite a bit of advertising to get consumers to notice. Because of this, it is not surprising that Burger King is facing a Telephone Consumer Protection Act (TCPA) class action violation lawsuit.

The suit, filed in the U.S. District Court for the District of Maryland, alleges that Burger King violated federal law by sending unsolicited faxes advertising its delivery services. The Plaintiff, Jay Clogg Realty Group, Inc., claims that the burger giant sent a number of ads in December and January even though it did not ask the company to do so.

In prior posts, we have seen TCPA violations for unsolicited text messages, phone calls and “spam” email from a number of retailers. The purpose of the law is to protect consumers from charges stemming from unsolicited text messages and phone calls. With regard to faxes, it requires retailers to provide customers with the ability to opt-out of future advertisements. Jay Clogg Realty claims that Burger King did not provide such a message.

Under federal law, consumers harmed through TCPA violations can seek up to $1500 in damages for each violation. While the class has not been certified, the named plaintiff seeks to include all consumers who ostensibly received unsolicited faxes from Burger King within the past four years.

Source: TopClassActions.com, Burger King Junk Fax TCPA Lawsuit, March 4, 2013

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