Rubio's, the Carlsbad-based Mexican fast-food chain, on August 11 asked the Federal Communications Commission to clarify Telephone Consumer Protection Act applicability.
In 1991, the federal government passed the act to protect people against pestiferous telephone solicitation. But as so often happens, plaintiff lawyers moved in to file reams of suits against companies, some of which may have stumbled into violations of the act.
Rubio's says it has a remote messaging service to provide key employees with food and safety information. Rubio's says that a staff member lost his phone. As a result, hundreds of remote messaging alerts were received by a wireless subscriber who got the old cell number.
Rubio's claims the subscriber waited until he received 876 alerts before filing a suit against Rubio's under the Telephone Consumer Protection Act. The fast-food chain says it faces half a million dollars in possible damages, exclusive of possible treble damages.
Rubio's maintains that the messages did not pertain to marketing. The company wants clarification from the Federal Communications Commission on the matter.