BURGER BUST: Wendy’s Sued in TCPA Class Action in Louisiana Over Promotional Texts to Consumer on DNC List

1 Comment

Quick one for you.

A consumer named Joseph Brennan just retained the Wolf to sue Wendy’s in a TCPA class action arising out of text messages he claims he did not consent to.

The texts promoted Wendy’s food and a promotional program.

Plaintiff hopes to represent a class of:

National Do Not Call Registry Class: All persons in the United States whose (1)
telephone numbers were on the National Do Not Call Registry for at least 31
days, (2) but who received more than one telemarketing text message or call from
or on behalf of Defendant, (3) within a 12-month period, (4) at any time in the
period that begins four years before the date of filing this Complaint to trial.

Will be interesting to see if the case arises out texts to a wrong number or if the Plaintiff signed up to receive the texts.

Notably, retail chains have historically done a poor job of documenting SMS club opt ins via shortcode so there may be some meat on this one.

Then again, if the guy has visited a Wendy’s in the last 18 months it will have an EBR defense. Should also definitely disrupt the class. So will be very interesting.

We’ll see where this goes.

Full complaint here: predocketComplaintFile (1)

Those of you in the retail game concerned your text club may be causing trouble will certainly want to tune in next week when Puja breaks down the most recent developments around TCPA claims arising from SMS messages.

QUEENIE IS BACK!: “Too Late to Text? Compliance After Dark” Webinar Set for Next Monday

Also, the best TCPA breakdown of the year is less than a month away with Law Conference of Champions kicking off July 13-14, 2025.

Miss this and you might be next to be sued for a TCPA violation!

Chat soon!

 

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is 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. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

1 Comment

  1. Czar, I respectfully disagree with you. Merely buying a Frosty at Wendy’s would not create an established business relationship. A necessary element for consent is that a consumer must voluntarily disclose their telephone number.

    Reply

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