March 27, 2023

Volume XIII, Number 86


March 24, 2023

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Another Florida Mini-TCPA Class Action Filed – This Time Against Pizza Hut

Little known fact–I love Pizza Hut. Not as much as Papa Johns–they’re a client, so they are the MOST loved pizza in the Czar’s house–but Pizza Hut is very tasty as well.

So, anyway, Pizza Hut just got hit with a Mini-TCPA suit in Florida, and that just disappoints me.

As with other Florida mini-TCPA suits we’ve covered, this suit against Pizza Hut relates to promotional text messages.

Plaintiff Javae Patton claims he never consented to receive offer texts from Pizza Hut and that he received a string of them starting July 9, 2021–just 8 days after the Mini TCPA went into effect.

Plaintiff contends Pizza Hut used a dialer that "automatically selected and dialed Plaintiff’s and the Class members’ telephone numbers."

The case seeks to represent a class of “[a]ll persons in Florida who, (1) were sent a telephonic sales call regarding Defendant’s goods and/or services, (2) using the same equipment or type of equipment utilized to call Plaintiff.”

Remains to be seen if claims have any merit.

The suit is available here: Pizza Hut Florida

© 2023 Troutman FirmNational Law Review, Volume XI, Number 229

About this Author

Eric Troutman TCPA Lawyer Troutman Law Firm Orange County, CA

Eric J Troutman is known as one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. Eric also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric's perspective allows him to...