Text Message Auto Attendant Lands Boston Market in New TCPA Class Action Over Automated Text Messages

So Boston Market apparently gets a lot of business round about the holidays–particularly Thanksgiving.

Chickens. Turkeys. They’re all birds, right?

Apparently the company gets so overwhelmed at certain times of year–say November 25, 2020– that they simply can’t keep up with the demand. When that happens the company allegedly plays a “pre-recorded message[] that state[s] it [i]s unable to take [a] call at the moment due to a high volume of calls, and the call end[s].”

Now playing a prerecorded message to INBOUND callers is perfectly ok. No TCPA risk there.

But Boston Market (allegedly) didn’t stop there. Instead, their system automatically sends text messages to numbers that called in and didn’t receive an agent. The text allegedly read:

Thank you for choosing Boston Market, we were unable to answer your call due to high call volumes. To place an order, please visit us at http://www.bostonmarket.com. You can call us on 303-317-6900 we are open 24 hours a day. Thank you again for choosing Boston Market!

So let me just say–if you are using text messages as an auto-attendant for inbound calls you are going to get sued. Especially if the text crosses the line into marketing–which this one might. And Boston Market is no exception to that rule.

A guy named Joubin Mortezapour, who I believe is a repeat-TCPA player, just happened to call BM on a high-volume day. And (allegedly) received the auto-text message mentioned above.

He has filed a class action lawsuit against BM in California seeking to represent: “[a]ll persons within the United States who were sent a automated marketing text message by Defendant and/or its employees and/or agents to said person’s cellular telephone, following a call to Defendant by said person, within the four years prior to the filing of the Complaint.”

The Plaintiff is seeking unspecified damages over $5MM.

The Complaint is available here: Mortezapour complaint

 

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