March 20, 2019

Red Robin TCPA Text Violation

Red Robin International is being accused of sending unauthorized text messages to consumers in violation of the Telephone Consumer Protection Act (TCPA). The alleged text messages about the “Red Robin Royalty” program included deals and discounts, and the plaintiff claims that he continued to receive text messages after replying “STOP” as the texts advised.

Red Robin TCPA Text Violation

New Jersey resident John Geraci says he signed up for Red Robin’s loyalty program in 2013. While the company submitted a copy of its terms and conditions from that time period that “likely” match what the plaintiff signed, it is inconclusive that his agreement “[shows] that plaintiff and Red Robin entered into a valid enforceable agreement containing a forum selection clause,” according to Law360.

On Monday, Geraci told the federal court that the chain’s bid to move the class action suit from New Jersey to Colorado – where the company and its records are based – should be denied. The plaintiff argues that the suit should remain in New Jersey where he, an individual consumer, is located and where he received the unauthorized texts – rather than giving precedence to a nation-wide company with greater resources.

The proposed class action seeks $500 for statutory damages for each text violation of the TCPA, and $1,500 for every message in “knowing and willful violation” of the TCPA.

Protect your organization from costly TCPA fines and penalties. 

Navigating the state and federal regulatory maze while mitigating risk is becoming more daunting every day for compliance leaders. Especially when dealing with agents in branch offices, reps using personal phones, or independents and BPOs marketing on your behalf. For almost 20 years, Gryphon has protected the largest and most valued brands in banking, insurance, manufacturing and home services from headline risk, brand damage, and costly fines associated with outbound marketing violations.

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