Yates alleges that these messages were sent to thousands of cellular telephone numbers using hardware designed to dial random and sequential numbers or to store and dial lists of telephone numbers automatically. Oh Yeah! The Kool-Aid Watermelon Slushie is NEW at Checkers/Rally's. Buy 1 Crispy Fish or Spicy Chicken sandwich, get 1 FREE at Checkers/Rally's. Get a FREE Cheddar Biscuit Shrimp & Fries Box w/ Lg drink purchase at Checkers/Rally's. New deal alert! FREE Monstrella Stix Dbl Burger or Monstrella Chicken Parm w/Lg drink purchase Checkers/Rally's. Get a FREE Lg fry w/purchase from Checkers/Rally's. Profess your Fry Love this Valentine's day.

Get a sandwich, fries, drink & apple pie - all for $3. Now part of the 4/$3 deal at Checkers/Rally's. View/Redeem: Exp2/6/17.īACON CHEDDAR CRISP. Score big with any flavor 20pc wings for $12.99 w/purchase. Get FREE Monsterella Stix (4PC.) w/any drink purchase at Checkers/Rally's. When two burgers become one! Grab a FREE Roadhouse Baconzilla w/LG drink purchase at Checkers/Rally's. Checker/Rallyburger with Cheese for just a $1 at Checkers/Rally's. Yates subsequently received the following string of text messages between January and April 2017. You're a BOSS! You scored a FREE Big Buford from Checkers/Rally's. Yates replied with her zip code, and received a text message from the defendants reading: REPLY with you ZIP CODE to get your FREE Big Buford coupon & other deals from Checkers/Rally's at this #.

In response, the defendants sent Yates a message stating: Yates texted the word 'Buford' to the defendants' SMS number, 88001, in order to obtain a coupon for a free 'Big Burford' cheeseburger. Checkers contracts with Vibes to conduct nationwide text message promotion campaigns. The following allegations are from the plaintiff's complaint and are taken as true for the purpose of the present motion. For the reasons set forth herein, that motion is granted in part and denied in part. The defendants now move to dismiss Yates' complaint for failure to state a claim. and Vibes Media, LLC, alleging that the defendants violated the Telephone Consumer Protection Act by repeatedly sending her commercial advertisements via text message. The plaintiff, Madeleine Yates, brings this action against Checkers Drive-In Restaurants, Inc. Judge Sharon Johnson Coleman MEMORANDUM OPINION AND ORDER

Yates v checkers