TCPA Complaints Can Cost A Lot Of Dough! – Telecoms, Mobile & Cable Communications

On May 23, 2025, Pizza Hut (“Defendant”) entered into
a settlement agreement to resolve a putative class action lawsuit
filed in the United States District Court for the Western District
of Louisiana. In Brennan v. Pizza Hut, Plaintiff alleged
in his TCPA complaint that Defendant sent him three text messages
without consent. Plaintiff claimed that these telemarketing texts
violated the National Do-Not-Call (“NDNC”)
Registry provisions of the Telephone Consumer Protection Act
(“TCPA”).

As our readers are aware, the TCPA was signed into law in 1991
to restrict certain telephone solicitations. The
TCPA requires that telemarketing companies refrain from contacting
consumers who have registered their telephone numbers on the NDNC
registry. NDNC violations can result in a TCPA complaint being
filed against your company, allowing class members to recover damages of $500 to $1,500 per violation if
they prevail in litigation.

The Brennan TCPA Complaint

Many are familiar with Defendant, which is based out of Texas
and operates an international pizza chain. In his TCPA complaint,
Plaintiff states that, on at least three occasions, he received
telemarketing texts promoting Defendant’s products. Plaintiff
alleged that he had listed his telephone number on the NDNC
Registry for roughly three months prior to the delivery of the text
messages at issue. As our readers are aware, these allegations are
contained in many TCPA complaints and are standard recitations of
the actionable portions of the statutory language.

Defendant did not file a responsive pleading. Instead, the
parties settled the lawsuit three months after it was
initiated.

Why is Brennan Important to Your Business?

The TCPA is a strict liability statute that does not place a cap
on statutory damages, which range from $500 to $1500 per violative
call/text. For entities that market to consumers nationwide, such
as Defendant, TCPA class action complaints routinely result in
settlements and judgments that can reach tens of millions of
dollars.

Note that compliance with the TCPA does not apply only to
entities that actually call/text consumers. Companies may be found
vicariously liable for statutory violations
committed by agents that they have hired to
conduct their telemarketing campaigns, even if the companies did
not violate the TCPA directly.

Against this backdrop, it is critical that companies maintain
proper NDNC compliance procedures. The attorneys at Klein Moynihan
Turco have a wealth of experience in providing TCPA compliance
advice and exploring all avenues to a successful litigation
defense.

Similar Blog Posts:

The Telemarketer’s Guide To Do-Not-Call
Compliance

TCPA Text Class Action Against Wolf of Wall
Street Dismissed

Duguid v. Facebook, Footnote 7: TCPA Landscape
Significantly Altered by Ninth Circuit Decision

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.