Hollingsworth and Yankee v. Jackson Hewitt, Inc. (U.S. District Court, Northern District of Illinois, Case No. 3:16-cv-50059)

In a class action complaint, Lemberg Law is representing Phil Hollingsworth and Steve Yankee, who are suing Jackson Hewitt, Inc., American Express Company, and Restaurant.com for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that the companies sent unauthorized text messages to Mr. Hollingsworth’s and Mr. Yankee’s cell phones without their consent.

Jackson Hewitt is a tax preparation service with more than 6,300 U.S. locations. American Express is a financial services company that brings in more than $33 billion in revenue each year. Restaurant.com is a web-based restaurant marketing and promotional company. According to the legal complaint filed in federal court, together the companies sent automated text messages to consumers that market Jackson Hewitt services in conjunction with American Express Serve cards and coupons and membership at Restaurant.com. The filing alleges that these text messages were sent without obtaining clear and conspicuous prior express written consent as required by the TCPA. It also says that consumers’ requests for the cell phone text messages to stop were disregarded.

Both Mr. Hollingsworth and Mr. Yankee say that they received unwanted text messages, and that their requests for the text messages to stop were not honored. Moreover, Mr. Yankee says that he never provided Jackson Hewitt with his cell phone number or his consent to receive text messages. He isn’t even a Jackson Hewitt customer.

The three proposed classes of people represented are: 1) those in the U.S. who, between March 11, 2012 and March 11, 2016, received defendants’ cell phone text messages without providing prior written consent; 2) those in the U.S. who, between March 11, 2012 and March 11, 2016, received defendants’ cell phone text messages after requesting that the text messages stop; and 3) those in the U.S. who, between March 11, 2012 and March 11, 2016, received Jackson Hewitt cell phone text messages after requesting that the text messages stop.

Update: The court compelled arbitration for plaintiff Hollingsworth, but plaintiff Yankee’s case is proceeding.