Etzel v. Hooters of America, LLC

ORDER

Leigh Martin May, United States District Judge

This case comes before the Court on Defendant Hooters of America, LLC’s Motion to Dismiss for Lack of Subject Matter Jurisdiction, or in the alternative, Motion to Strike Plaintiffs Class Allegations [33], After a review of the record and due consideration, the Court enters the following Order:

I. Factual Background1

Defendant Hooters of America, LLC advertised in its restaurants for customers to text to “36832” (the “Short Code”) to obtain periodic offers, discounts, and updates on contests and promotions from Hooters. Persons who texted the…