A class action complaint has been filed against a telephone advertising company and Papa John's Pizza for making prerecorded advertising calls to cell phones.
The complaint states that Fidelity Communications and Papa Johns violated the Telephone Consumer Protection Act when it called plaintiff and others on their cell phones using an automated telephone dialing system and/or prerecorded or automatic voice messages.
According to the complaint, on July 28, 2009, the plaintiff received a voice message that began "[Unintelligible] at Papa John's calling. As one of our valued customers, I would like to offer you our VIP special."
The defendants have a telephone system where the system dials telephone numbers without human intervention, the complaint states.
The plaintiff wants, among other things, to prohibit the defendants from continuing to do this and $1500 per willful violation.
Read the complaint after the jump.
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Class action lawsuit against Papa John's for telemarketing
20th Century Fox Sued for Text Spam
A complaint was filed today against a film studio for unauthorized text message advertising of upcoming films.
Victor Lozano is suing FoxStore, a Twentieth Century Fox Film Corporation company, for unauthorized text messages, or "wireless spam," such as "GEAR UP 4 THE HILARIOUS ANIMATED FILM ROBOTS ON DVD @FOXSTORE.COM."
The complaint states that "Defendants caused actual harm, not only because consumers were subjected to the aggravation that necessarily accompanies wireless spam, but also because consumers frequently have to pay their cell phone service providers for the receipt of such wireless spam."
The complaint seeks an injunction requiring defendants to cease the wireless spam as well as statutory damages to the class (defined as anyone who has received one of these messages).
Read the complaint after the jump.