Class action filed against Domino's over text ads

By Michelle Massey | Jan 7, 2011


A recently filed class action lawsuit claims that Domino's Pizza has violated the Telephone Consumer Protection Act by its marketing and advertising campaigns that used text messages.

Individually and on behalf of the class, Jonathan Bailey filed suit against Domino's Pizza on Dec. 22 in federal court in New Orleans.

The suit alleges that Domino's advertises its products and services by transmitting text message ads to thousands of recipients without their prior express consent.

Bailey claims he has received multiple text message ads from Domino's on his cell phone within the last four years.

Under the Telephone Consumer Protection Act, Domino's could be ordered to pay the actual monetary loss caused by the violation or $5,000 for each violation, whichever is greater.

The lawsuit is asking the court to demand that Domino's retain the copies of the text message ads it sent within the last four years and an injunction preventing the transmission of further messages.

On behalf of the class, Bailey is seeking an award of compensatory damages, statutory penalties, interest and attorney's fees.

Bailey is represented by John P. Wolff III and Christopher K. Jones of Keogh, Cox & Wilson in Baton Rouge and Philip Bohrer of Bohrer Law Firm in Baton Rouge. A jury trial is requested.

U.S. District Judge Eldon E. Fallon is assigned to the case.

Case No. 2:10-cv-00004

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