Burger King Junk Fax TCPA Class Action Lawsuit

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Burger King Junk Fax TCPA Class Action Lawsuit

By Mike Holter

Burger King Corp. violated the Telephone Consumer Protection Act by sending unsolicited junk faxes, according to a proposed class action lawsuit filed Friday.

Plaintiff Jay Clogg Realty Group Inc. claims in the TCPA class action lawsuit that it received unsolicited facsimile advertisements from Burger King in December and January. These so-called “junk faxes” were allegedly sent to thousands of other consumers throughout the U.S. promoting the availability of delivery services and in some instances offering coupons, according to the class action lawsuit.

The TCPA prohibits companies from sending unsolicited fax advertisements without prior express invitation or permission. Fax advertisements, however, may be sent to recipients with whom the sender has an established business relationship, as long as the fax number was provided voluntarily by the recipient.

However, the TCPA also requires that even if there is an established business relationship that the fax must contain on the first page of the advertisement a “clear and conspicuous” opt-out notice, which the Burger King faxes did not have, Jay Clogg says.

“The facsimile advertisements do not contain a clear and conspicuous notice informing the recipient that it may make a request to the sender of the advertisement not to send any future advertisements to a telephone facsimile machine or machines and that failure to comply within 30 days is unlawful,” the company said in the complaint.

The Burger King fax class action lawsuit is brought on behalf of all persons or entities in the U.S. who received a fax advertisement from Burger King in violation of the TCPA within the past four years. It is seeking $500 for each negligent violation of the TCPA by Burger King or $1,500 for each willful violation, among other relief.

The Burger King TCPA Fax Class Action Lawsuit case is Jay Clogg Realty Group Inc. v. Burger King Corp., Case No. 13-cv-00662, U.S. District Court for the District of Maryland.

In addition to banning unsolicited fax advertisements, the TCPA also bans text messages and cell phone calls placed to consumers without their permission. If you received an unsolicited text message or cell phone call from a company, you may be entitled to receive up to $1,500 for each violation. Visit the Text Message Spam TCPA Class Action Lawsuit Settlement Investigation for more details.

Updated March 4th, 2013

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