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How many times have you received unsolicited text messages from companies? They are irritating, and most of them tell you to text back the word “Stop” to keep them from texting you again. That, in and of itself, is ridiculous because you didn’t ask them to text you in the first place.

Now a California man is suing Papa John’s Pizza claiming that the company sent him so many unsolicited text messages it caused him anxiety and frustration. The text messages were promotional in nature, but were never approved by Jonathan Anozie.

In his lawsuit, Anozie claims that Papa John’s violated the 1991 Telephone Consumer Protection Act by sending the texts, and he’s demanding $500 for each of the text messages sent him by the company.

Anozie says he replied, “Stop”, on several occasions hoping to bring the barrage of texts to an end; but, as is often the case, it didn’t work. The suit states that the unwanted texts prevented him from peacefully enjoying a service he had paid for.

The 1991 law was created during a time when telemarketers calling were on the rise. It also brought about the 2003 creation of the “do not call” registry, which lets you opt out of telemarketing calls.

To further protect consumers, in 2012, the law was amended to state that a company must have your written consent before calling you, and they must also give you the opportunity to opt out of future calls. If you feel harassed, you may sue the company, which is what Mr. Anozie is now doing.

Papa John’s did provide the option to opt out of promotional texts, but according to the suit, the mechanism did not work. Anozie claims that he replied “Stop” several times but the automated system was unable to process the requests. Now he’ll go to court and is asking for a jury trial.

Have you had this frustration happen, and if so, what did you do about it?

If you need legal advice, please consult our Online Legal Directory to find an attorney in your area.

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