T-Mobile customers with qualifying plans can participate in a promotional service called “T-Mobile Tuesdays,” which offers free items and discounts from various well-known stores. Messages are sent every Tuesday, and customers who no longer wish to receive marketing communications may opt out by contacting T-Mobile’s customer service. In September 2016, a T-Mobile user, Matthew Warciak, received this text message:

The text message came from T-Mobile, and Warciak was not charged for this text. Warciak sued Subway, claiming Subway engaged in a common law agency relationship with T-Mobile, and that Subway’s conduct violated the Telephone Consumer Protection Act (TCPA) and the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA). Does Subway have express authority over T-Mobile? What about apparent authority?