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Boston Market TCPA Class Action Lawsuit 2021

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Boston Market TCPA Class Action Lawsuit 2021 – BM Illegally Sending Texts To Its Customers

Boston Market Was Sued For Their Text Messages

The American restaurant chain, Boston Market, was charged with a class action for allegedly sending unwanted text messages to its customers.

Boston resident Joubin Mortezapour filed the class action lawsuit against rotisserie chicken company Boston Market in a California federal court.

The class action lawsuit asserts that the company sent unwanted text messages to its customers, which breaches the TCPA law.

It seeks to represent a nationwide class of United States residents who have received automated text messages from the Boston Market after calling the company. 

The lead plaintiff aspires to receive compensation of $5 million to settle the case for damages incurred.

The TCPA

The Telephone Consumer Protection Act (TCPA) is a federal law that aims to protect consumers from receiving unwanted marketing messages. It was approved by Congress in 1991.

The Federal Communications Commission (FCC) implemented a “Do Not Call” registry as part of the TCPA in 2013. 

The “Do Not Call” registry prohibits establishments from calling numbers that are included in the list. 

Individuals can have their numbers added to the registry to avoid receiving unwanted messages.

The TCPA states that companies should receive acknowledgment and permission from customers allowing them to send calls and text messages. The law also covers fax messages.

It also adds that customers should not receive robocalls or automated calls without their consent. 

Establishments are also prevented from using pre-recorded messages and automatic dialing systems.

The TCPA declares that consumers can ask for compensation amounting to $500 to $1,500 from companies that violate their rights. 

It adds that individuals can take legal action to demand the amount from the companies that breached the law.

Plaintiff Allegations

According to the lead plaintiff, he called Boston Market in November 2020 to ask about their holiday packages.

During this time, his call was not answered or received by any agent. He was only able to hear a pre-recorded message that the company will not answer his call.

However, he has received an automatic text message from the company hours after his call. 

The automated text message allegedly states that Boston Market will not be able to entertain the customer’s call due to the high volume of consumers. It also declares that he can order online.

The lead plaintiff argues that he has not agreed to receive a text message from Boston Market. He claims that his number was also added to the Do Not Call Registry in November 2017. 

The complainant also attests that the company did not provide any means for him to opt-out of receiving text messages in the future.

He contends that the company has violated the TCPA and his privacy by sending an unwanted text message.

Editor’s Note on Boston Market TCPA Class Action Lawsuit 2021:

This article is published to inform you of the latest class action lawsuit filed against Boston Market for sending unsolicited text messages that violate the TCPA.

Case Name & No.: Joubin Mortezapour et al., v. Boston Market Corporation, 2:21-cv-02634, U.S, District Court of California

Products/Services: Unwanted automated text messages

Allegations: The company has sent unsolicited automated text messages which violate the TCPA

Status: Pending

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