Consumers File TCPA Lawsuit Against Subway

Two consumers have filed a lawsuit against Subway Sandwich Shops
Inc. and T-Mobile USA Inc. alleging the companies sent unsolicited text
messages advertising an offer for a free sandwich without first obtaining
written consent from the recipients. Rahmany v. T-Mobile USA Inc.,
No. 16-1416 (W.D. Wash., filed September 6, 2016). The complaint
asserts that the plaintiffs each received an unsolicited text on September
1, 2016, advertising a free 6-inch chicken sandwich from Subway, with
a link to download the T-Mobile app for additional details. T-Mobile
sent the message with an automatic telephone dialing system “with the
consent and encouragement of Subway for the purposes of financial gain
in a mutually beneficial relationship between those two companies,”
the plaintiffs allege. For alleged violations of the Telephone Consumer
Protection Act (TCPA), the plaintiffs seek $500 per negligent violation
and $1,500 per knowing or willful violation.

Issue 616