Jay Clogg Realty Group, Inc, a Maryland based corporation has filed a class action lawsuit against Burger King Corporation for their invasive telemarketing practices. The suit seeks to represent everyone or every entity in the United States who has received junk fax advertisement from Burger King in the past four years.
The suit claims Burger King has violated the Telephone Consumer Protection Act (“TCPA”). This Act was put in place to regulate the telemarketing industry and requires prior expressed consent from the recipient of telemarketing materials, and also for the materials to contain a clear and conspicuous opt-out notice.
On various dates in December 2012 and January 2013, Jay Clogg Realty Group received faxed advertisements from Burger King. The faxes did not contain a compliant opt out notice, nor did they provide a phone number for the recipient to ask for the faxes to be stopped.
The suit alleges in the past four years, Burger King has sent unsolicited facsimile transmissions in a widespread advertising campaign. The faxes contained advertisements for Burger King’s delivery service as well as coupons and discounts for their products.
Burger King failed to obtain prior consent from the recipients of its facsimile advertisements, and did not provide a clear opt out option. The suit asks for Burger King to restrain from future telemarketing in violation of the TCPA and for $500 in damages for every negligent violation of the TCPA and $1,500 in damages for every intentional violation.