Pizza chain sued over what customers say were illegal text ads
»Play Video
SEATTLE -- A class action lawsuit has been filed against Papa John's Pizza, alleging the pizza chain harvested customers' cell phone numbers and illegally blasted them with text ads.
The suit, which was certified in federal court, sends a strong message that could cost Papa John's $250 million, privacy expert Linda Criddle said.
"The act of ordering a pizza does not give any sort of consent, not an explicit or implicit consent that the person is interested in having unsolicited advertising sent to them," Criddle said.
According to an attorney with Papa John's corporate office, a couple years ago, some of its franchises worked through a messaging service to send the mass text blasts. It asked the franchises to stop, writing in court documents: "The practice and process of sending unsolicited messages to mobile devices is most likely illegal."
Yet, Tuesday, the lawyer told KOMO News the suit has "no merit" and the corporation will continue to "aggressively" fight it.
If the class action lawsuit continues, it could lead to the largest settlement of its kind.
The suit, which was certified in federal court, sends a strong message that could cost Papa John's $250 million, privacy expert Linda Criddle said.
"The act of ordering a pizza does not give any sort of consent, not an explicit or implicit consent that the person is interested in having unsolicited advertising sent to them," Criddle said.
According to an attorney with Papa John's corporate office, a couple years ago, some of its franchises worked through a messaging service to send the mass text blasts. It asked the franchises to stop, writing in court documents: "The practice and process of sending unsolicited messages to mobile devices is most likely illegal."
Yet, Tuesday, the lawyer told KOMO News the suit has "no merit" and the corporation will continue to "aggressively" fight it.
If the class action lawsuit continues, it could lead to the largest settlement of its kind.
They should not be suing Pap John's - they should be going after the franchisees who did the texts - THEY are the ones who violated the law, not Papa John's.
 @LocalLady Actually, it would be Papa John's who broke the law.  They were the ones who gathered and (most likely) sold the information to an outside investor, without first seeking approval from the customer.Â
You need to read up on Steve Dallas's law tips "Who Should I Sue...."
Â
http://www.gocomics.com/bloomcounty/1986/06/22/
 @LocalLady Sorry, there is no room for fair and reasonable here! Franchisees, a good chance that many of them are struggling to keep their heads above water; mega corporation, seven figures is probably in their petty cash box tucked in the receptionist's desk.Â
Â
What do you think you're trying to do, bring fairness and logic into our legal system? What's the matter with you, anyway? :^D Â
He could pay for a lot of health insurance for his employees with that much money.Â
 @MVDad You must be watching John Stewart.
...if they're really after the $$, add their new spokesman Manning...quite the deep pockets there.
 @Sydthepiper We don't have TV reception now, had to cut out the cable, so I'm not sure which Manning brother is the spokesman.
But it's pretty safe to say, I could go for quite awhile on a single game check for either. (Heck, I'm not greedy here; I'd even settle for a game check from one of the two lesser known Mannings that play defense!)
 @MargeGunderson  @Sydthepiper Peyton Manning is now the proud owner of 21 Papa John's in the Denver area, so he's probably the man. Â
Wonder how they came up with the phone numbers. Were customers stupid enough to give them their phone numbers? If they were its their own fault then.
 @Blindman "Were customers stupid enough to give them their phone numbers?" I take it you've never called for pizza delivery from a chain store? Giving your phone number is a required part of the pizza-ordering process and it has been at least since I first started calling in to order pizzas fifteen years ago (if not longer), so it wasn't the customer's fault that Papa John's franchisees chose to break the law and hire an outside service to blast their customers. This is especially true since providing your phone number for ordering purposes does not authorize the company you order from to send you advertisements unless they explicitly inform you of that fact before collecting your phone number. That's why the franchisees were warned to stop doing what they were doing.
Â
Even if you order online, most pizza chains require that you fill in a form with your address and number, and they use caller ID for phone orders to make sure the address and phone number you give them matches up with the ones displaying. They sometimes also hang up and call you back to confirm it's your number before the first time you order with them. This supposedly prevents your neighbor Joe Schmo from calling up Pizza Hut from his apartment and telling them he is you and that he wants ten anchovy lover pizzas sent to your address. I don't know the real stats for how often pizza places get pranked like that so I don't know if it the phone number thing helps much or not, but it seems reasonable.
Â
To me this whole issue sounds like a case of a few franchisees taking matters into their own hands by hiring a company to send text ads to the cell phone numbers of people who had ordered there, without checking into the legality of doing so without authorization or permission from the owner of each phone, and that once it was brought to the parent company's attention, they put a stop to it.
@Blindman Any place that takes phone orders is going to ask for your phone number at a minimum. It is necessary to help stop getting scammed with false orders.
@usnrbb@Blindman
 It's also nice for the customer and the driver to be able to communicate if (s)he is right in your neighborhood but can't find your house or apartment.Â
I'd rather the driver call me from 20 seconds away than them having to drive back to the pizza place while my dinner gets colder and soggier, and the driver would rather complete my delivery in one trip for the crappy pay they're getting, and have a chance at a few more trips/tips.Â
Â
If some moronic executives at Papa John's somehow infer from my occasional order of a pizza that I want an ongoing spam relationship with them at my expense, maybe we all need to call the idiots at their homes every time we make dinner, or eat pizza, or get a good deal at the grocery store â since they wanted to sell us a pizza one evening, surely that means they're interested in every aspect of our dinner choices and grocery shopping adventures, right?
Â
 @Blindman Probably happened when they ordered pizza.  When we call our local pizza place, they have caller ID and ask, "is this still the correct number and address at......."