Plaintiffs suing Subway over a text message have appealed a federal judge's decision to dismiss their class action lawsuit and send their claims to arbitration.

On Jan. 31, David and Yehuda Rahmany filed their notice of intent to appeal U.S. District Judge John C. Coughenour's Jan. 5 decision in their class action.

Their appeal will be heard by the U.S. Court of Appeals for the Ninth Circuit.

The text read: "This T-Mobile Tuesday, Score a free 6" Oven Roasted Chicken sub at SUBWAY, just for being w/T-Mobile.

Get app for details:"

However, just two days later, the plaintiffs voluntarily dropped T-Mobile from the complaint, yet failed to amend it.

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