No purchase necessary to join." Yates does not disclose how she replied to this message, but instead asserts that she subsequently received more than ten auto-dialed text message advertisements, and that only one of those messages included instructions on how to opt out of receiving future messages. Yates subsequently received a text message reading something along the lines of "REPLY with Y to get your free coupon & other deals from Checkers/Rally's at this #. The complaint does not indicate specifically why Yates believed that such a text would get her such a coupon or what terms she believed would govern such an arrangement, although it does generally allege that Checkers ran promotions in which patrons could text certain messages to that telephone number in order to obtain promotional discounts. Yates texted "Burger" to 88001 in an attempt to obtain a coupon for a free "Big Buford" cheeseburger. The following allegations are from the plaintiff's complaint and are taken as true for the purpose of the present motion. For the reasons set forth herein, the defendants' motions are denied, but the plaintiff is ordered to provide a more definite statement of her claims. The defendants now move to dismiss Yates' complaint for failure to state a claim or, alternatively, for lack of standing. and Vibes Media, LLC, alleging that the defendants violated the Telephone Consumer Protection Act by repeatedly sending her commercial advertisements via text message.
The plaintiff, Madeleine Yates, brings this action against Checkers Drive-In Restaurants, Inc. Judge Sharon Johnson Coleman MEMORANDUM OPINION AND ORDER
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