If You Received A Text Message Advertisement Promoting A Burger King® Product After You Affirmatively Opted Out Of Receiving Burger King® Text Message Advertisements, You May Be Entitled To A $250 Cash Payment, Or A Lesser Pro Rata Amount, From A Class Action Settlement.
A class action settlement has been reached in a class action lawsuit pending against Burger King Corporation (“Burger King”) and Textopoly, Inc. (“Textopoly”) (collectively “Defendants”) in the United States District Court for the Southern District of Florida (styled Elizabeth Espinal v. Burger King Corporation and Textopoly, Inc., Civil Action Case No. 09-20982) alleging, among other things, that Burger King & Textopoly caused text messages to be sent to cell phone subscribers advertising Burger King promotions or products after the subscribers opted out or otherwise took steps to stop receiving the text message advertisements, purportedly in violation of the Telephone Consumer Protection Act, 47 U.S.C. section 227 et seq. (“TCPA”), according to the Burger King & Textopoly TCPA class action settlement notice.
The Burger King & Textopoly TCPA class action settlement class reportedly includes the following persons, unless otherwise excluded:
All persons residing in the United States and its Territories who prior to May 25, 2010 received one or more unauthorized text message advertisements from Textopoly or its agent relating to a BURGER KING® promotion or product after affirmatively opting out.
Examples of the text messages at issue in the Burger King & Textopoly TCPA class action lawsuit reportedly include:
- Try a new Steakhouse Burger made with 100% Angus beef. Or kick it up a notch with a Loaded Steakhouse Burger. Try one today at BK . Reply STOP to optout.
- Play BK CITY(TM)! Text KING to 90210. Available 4/21/2008. $2.99 monthly fee. Other fees may apply. See carrier for info. Std rates apply. Rply STOP to opt-out
- Play Reveal The Secret Game only at BK(TM) and you could instantly win great prizes. No purchase necessary. See official rules in-store. ; Reply OFF to opt-out.
- Try a new Steakhouse Burger made with 100% Angus beef. Or kick it up a notch with a Loaded Steakhouse Burger. Try one today at BK(R). Reply OFF to optout.
- Stop by BK(R) for a refreshing Mocha BK JOE(R) Iced Coffee, a perfect mix of rich coffee and chocolate syrup. Available any time of day. Reply OFF to optout.
- From BK: u could win a $1K Visa Gift Card when u use your Visa at BK Aug 4-Oct 5, 2008. NO PURCHASE NECESSARY. Official rules bk.com/visa. Opt out: txt OFF
- Whether ur day’s beginning or ur burning the midnight oil, there’s a BK WRAPPER(TM) for u. Grab 1 & keep doin’ what u do. Participation varies. Opt out: txt OFF.
- Give a BK(R) Crown Card this holiday and you could WIN a Wii(TM) system for the whole family. NO PURCHASE NECESSARY. Official rules bk.com. Opt out: txt OFF.
- Made from fresh apples and cut into fun fry shapes, BK FRESH APPLE FRIES are apples with an attitude! Try them today, only at BK(R). Reply OFF to optout.
Burger King & Textopoly TCPA settlement class members who wish to receive a $250 cash payment, or a lesser pro rata amount, from a cash settlement fund of five hundred ten thousand dollars ($510,000) (the “Settlement Fund”) that Burger King & Textopoly created, must submit a timely, truthful, accurate and properly completed Claim Form that is received by the Settlement Administrator or postmarked no later than November 12, 2010.
A final class action settlement hearing was reportedly held on September 22, 2010 and the Court reportedly approved the Burger King & Textopoly TCPA class action settlement on October 13, 2010.
For more information on the Burger King & Textopoly TCPA class action lawsuit settlement and/or for updates on the class action settlement, visit the Espinal v. Burger King Corporation & Textopoly, Inc. settlement website:
espinaltextsettlement.com
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