In 2016, a plaintiff filed suit against Subway over a text message for a free sandwich, sent to him by his wireless carrier, T-Mobile. The text read:
“This T-Mobile Tuesday, score a free 6” OvenRoasted Chicken sub at SUBWAY, just for being w/ T-Mobile. Ltd supply. Get app for details: http://t-mo.co/2bGiBjS.”
The Plaintiff did not name T-Mobile in the putative class action lawsuit (due to a governing arbitration clause). The Plaintiff alleged that Subway had an agency relationship with T-Mobile.