A class action lawsuit has been filed against Dave & Buster’s, accusing the entertainment company of violating federal telemarketing laws.
The case revolves around allegations that Dave & Buster’s engaged in unlawful telemarketing practices by sending promotional text messages at prohibited times. According to the complaint, these communications were sent to consumers' cell phones before 8 a.m. and after 9 p.m., which contravenes the Telephone Consumer Protection Act (TCPA) of 1991. This act was specifically designed to curb intrusive telemarketing calls and protect consumer privacy. The plaintiff argues that these unsolicited messages caused significant disruption and invaded personal privacy.
Plaintiff Ruben Laureta claims that between October 20, 2024, and January 12, 2025, he received multiple marketing texts from Dave & Buster’s during early morning hours. These texts offered various promotions such as free gameplay and drink offers but were sent at times deemed illegal under TCPA regulations. The plaintiff asserts that these actions not only violated federal law but also caused undue intrusion into his private life.
The lawsuit seeks both injunctive relief to prevent further violations and statutory damages for each infraction. Under the TCPA, plaintiffs can claim up to $500 per negligent violation or $1,500 per willful violation. Given the scale of alleged infractions—potentially affecting thousands of individuals—the financial implications for Dave & Buster’s could be substantial if the court rules in favor of the plaintiff.
The case is being represented by attorney Zane C. Hedaya from The Law Offices of Jibrael S. Hindi. The case was filed in the United States District Court for the Eastern District of New York.