Mexican Restaurant Sued For Texting Phone Number That Used to Belong to Employee

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Mexican fast-food chain Rubio’s sends employment-related, non-marketing text messages to its employees. When one of the restaurant’s former employees’ cell phone was lost, however, the number was “repossessed” and ascribed to a new user.

The company was under the impression that it was texting an employee — but that didn’t stop the number’s new owner from waiting until he received 876 text messages before filing a Telephone Consumer Protection Act (TCPA) lawsuit against Rubio’s.

The TCPA was instituted in 1991 to protect against nagging automated solicitation. In addition to the fact that the chain was unaware that the number had been re-possessed, Rubio’s points out that the content of the messages was food and safety updates for the company’s employees, and “did not pertain to marketing.”

Do you think the man has a case … or is this another ridiculous lawsuit?

Read more about this lawsuit here.

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