![]() This is not the only challenge that would make continuing litigation uncertain. ![]() Both sides have defended themselves vigorously, with Checkers claiming their text messages included consent language that is required by the TCPA. ![]() In her motion for settlement approval, Yates says the deal is the best outcome for the Checkers class action lawsuit. Although the recently proposed settlement does not equate to these significant damages, Yates argues the settlement is reasonable and should be approved by the court. Under the TCPA, businesses may be required to pay up to $1,500 in statutory damages for each unlawful text message sent. The Checkers class action lawsuit claims the text messages were in violation of the Telephone Consumer Protection Act (TCPA), a federal law that protects consumers against harassing communications – including spam texts. Of these numerous texts, Yates claims that only one message told her how to opt-out of these offers. Yates does not say how she responded to this additional prompt, but argues that she received more than 10 automatically-sent text message advertisements after. ![]()
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