What is the lawsuit about?

In the lawsuit, the Plaintiff alleges that Defendants violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq, by sending her a text through an ATDS without her prior express written consent. Plaintiff alleges that she texted the keyword BUFORD to Defendants in order to receive a coupon for Checkers food, but that the response message she received from Defendants did not contain a coupon. Defendants deny any wrongdoing, deny that they did not have prior express written consent and deny that they violated the Telephone Consumer Protection Act or any other law. Both sides have agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of litigation.

Additional information about the lawsuit and important court documents may be found on the Important Documents and FAQs pages of this website.

Who is included?

For settlement purposes, the Court has certified a Class consisting of all people who meet the following definition:

All individuals within the United States who were sent a Checkers or Rally’s-branded promotional text message by or on behalf of Defendants from December 21, 2013, to March 8, 2019.

The Settlement Class excludes the following: (1) the trial judge presiding over this Action; (2) Defendants, as well as any parent, subsidiary, affiliate, or control person of Defendants, and the officers, directors, agents, servants, or employees of Defendants; (3) any of the Released Persons; (4) any Successful Opt-Outs; (5) Class Counsel, their employees, and their immediate family; and (6) members of the settlement class approved in Medgebow v. Checkers Drive-In Restaurants, Inc., No. 9:19-cv-80090 (S.D. Fla.) on September 18, 2019.

If you are not sure you are included, you can get more information on the FAQs page of this website.

What does the Settlement provide?

Under the Settlement, Defendants have agreed to provide two $5 dollar vouchers, injunctive relief, attorney’s fees, costs, any incentive award to the Class Representative, and settlement administration costs.