do not call me male phone stress. The subscriber spam work // studiostoks / shutterstock Plaintiff sued on behalf of a putative class, alleging that he received marketing messages from Five Stars Loyalty that violated his rights under the TCPA. Plaintiff had lunch at a Flame Broiler restaurant and asked the cashier about the Five Stars logo he noticed on the window. The cashier asked for plaintiff’s telephone number, swiped a card and handed it to plaintiff. Shortly thereafter, plaintiff received the following “welcome” text message from Five Stars: Welcome to Five Stars, the rewards program of Flame Broiler. Reply with your email to finish registering and get free pts! Txt STOP to unsubscribe. The court says that plaintiff consented to receive the message and therefore his claim fails. The message is not an advertisement: The key question is whether the text message constituted an advertisement, in which case prior written consent is required. If not, consent…
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