![]() ![]() In response, the defendants sent Yates a message stating: REPLY with you ZIP CODE to get your FREE Big Buford coupon & other deals from Checkers/Rally’s at this #. Yates texted the word “Buford” to the defendants’ SMS number, 88001, in order to obtain a coupon for a free “Big Burford” cheeseburger. Checkers contracts with Vibes to conduct nationwide text message promotion campaigns. ![]() Background 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, that motion is granted in part and denied in part. The defendants now move to dismiss Yates’ complaint for failure to state a claim. and Vibes Media, LLC, alleging that the defendants violated the Telephone Consumer Protection Act by repeatedly sending her commercial advertisements via text message. 17-cv-9219 ) ) Judge Sharon Johnson Coleman ) ) ) ) ) ) MEMORANDUM OPINION AND ORDER The plaintiff, Madeleine Yates, brings this action against Checkers Drive-In Restaurants, Inc. 101 Case: 1:17-cv-09219 Document #: 101 Filed: 04/01/19 of 7 PageID #:628 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MADELEINE YATES, on behalf of herself and other persons similarly situated, Plaintiff, v. ![]()
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