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Buffalo Bills Fan Files Text Spam Class Action Lawsuit
By Mike Holter
A Buffalo Bills fan has filed a class action lawsuit against the team claiming he received too many text messages after signing up for a mobile alert program.
Plaintiff Jerry Wojcik alleges in the text message class action lawsuit that the Buffalo Bills text program promised to send only 3-5 text alerts per week, but he received six messages one week and seven a few weeks later.
Some critics have blasted the class action lawsuit as “frivolous” because Wojcik only received three extra text messages. However, sending unsolicited text messages is a violation of federal law.
Text message spam costs Americans hundreds of millions of dollars per year and is illegal. Companies are banned from contacting consumers without their prior express consent under the federal Telephone Consumer Protection Act (TCPA), which is designed to protect cell phone users not only from annoying unsolicited phone calls and text messages, but also from having to pay for them.
Wojcik’s attorneys defended their text spam class action lawsuit against the Bills by saying the extra texts Wojcik received were made without his consent and in violation of the TCPA.
“Furthermore, a ‘frivolous lawsuit’ is one that has little chance of succeeding in court,” the attorneys stated. “This case is exactly the opposite. We have a defendant who appears to have violated a federal law on multiple occasions, affecting thousands of people. Whether you are a fan of the Bills or not, no one should spam their customers. The [Telephone Consumer Protection Act] has been on the books for more than 20 years. The Bills either knew or should have known that they were breaking the law.”
Violating the TCPA carries a fine of $500 per excessive call or text, and up to $1,500 if it can be proved the calls or texts were made intentionally. With thousands of potential Class Members, the Buffalo Bills text spam lawsuit could result in millions of dollars in damages.
If you received an unsolicited text message or phone call to your cell phone, you may have a legal claim. Submit your information for a free review of your claims by visiting the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. The consumer advocates working this investigation do not get paid unless you secure a class action lawsuit settlement.
Updated November 13th, 2012
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