Earlier this month, the Second Circuit affirmed the dismissal of a suit brought against chain sandwich purveyor Subway. Back in 2016, Subway texted a customer about free chips and, after she replied “STOP” to unsubscribe, they sent a subsequent text sparking the TCPA lawsuit. The Second Circuit Court dismissed the complaint, ruling that Subway’s texts didn’t count as robocalls. They argued that since Subway didn’t randomly generate phone numbers, and texts are not voices, the text was legal. The industry finally receives the guidance that it was looking for; never turn down free chips.
