7th Circuit Bolsters TCPA Wireless Carrier Exemption

  • Written by Jason M. Ingber for The National Law Review

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:”

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. 

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