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We all scream for ice cream, that's just a fact. And we also all scream when we're inundated with spam calls and text messages from companies, so much so that we passed a law against it. The Telephone Consumer Protection Act (TCPA) banning automated or prerecorded calls without consent. But according to a new class action lawsuit, Baskin-Robbins, one of the nation's largest purveyors of frozen treats has been flooding customers with text message ads, in violation of the TCPA.
You can see the full lawsuit below:
1 Scoop and 11 Spam Texts
Deeba Abedi claims he visited a Baskin-Robbins store and saw a sign promising customers a free scoop of ice cream if they texted "scoop" to a particular number. He did, and found his phone blowing up with text offers from the company every few days. "Nowhere on the sign did the advertisement disclose that Plaintiff's phone number would be retained for marketing purposes," Abedi's lawsuit claims, "that Plaintiff was agreeing to receive autodialer calls, that Plaintiff was opting in to receive automated texts, or that Plaintiff was agreeing to be contacted for marketing purposes."
Abedi also claims that he gets charged for those unsolicited text messages, and is suing on behalf of other Baskin-Robbins customers illegally contacted by the company. The suit is seeking $1,500 in damages for each call in violation of the TCPA, which, between himself and the other members of the class, could easily exceed $5 million.
Here's the class action suit, in full: