Warciak v. Subway Restaurants, Inc.

Federal 7th Circuit Court
Civil Court
Telephone Consumer Protection Act
Citation
Case Number: 
No. 19-1577
Decision Date: 
February 5, 2020
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant’s motion to dismiss plaintiff’s action alleging that unsolicited text message sent to plaintiff by plaintiff's cell-phone carrier that offered free sandwich from defendant violated Telephone Consumer Protection Act (TCPA), where plaintiff asserted that defendant had engaged in common law agency relationship with cell-phone carrier, and that both defendant and cell-phone carrier had violated TCPA. Dist. Ct. could properly find that instant complaint lacked facts to support claim that cell-phone carrier was defendant’s agent or that defendant had cloaked cell-phone carrier with apparent authority to send instant text message. Moreover, plaintiff failed to allege facts indicating that defendant had any control over timing, content or recipients of instant text message. Also, Dist. Ct. could properly find that wireless carrier exemption to liability under TCPA applied to instant case, where plaintiff’s complaint conceded that plaintiff’s cell-phone carrier sent subject text message, and where defendant was not charged for said text message.