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One NFL team might be able to maintain fan appreciation as well as provide some legal redress without admitting any wrongdoing after a federal judge approved a Buffalo Bills text spam class action lawsuit settlement.
Jerry Wojcik, the lead plaintiff, alleged that while he signed up for an alert service from the team that would provide news regarding players and promotions, the terms of the agreement “purported to limit the message in a given week to 3-5, for a period of 12 months,” U.S. District Judge Steven D. Merryday wrote in the order approving the class action settlement. Since the Class Members are all Buffalo Bills fans, he decided that it was “particularly appropriate” that the awards would include debit cards of three different values, depending on the number of messages received.
The tiers are separated into cards valued at $57.50, $65 and $75 and may be used at the team’s online shop or at the store located at its Ralph Wilson Stadium. There are no restrictions on transferring it, but Class Members may not redeem them for cash, according to the order. Further, the team has noted that it will adopt safeguards to eliminate the possibility of text spam that would violate the Telephone Consumer Protection Act.
In the order the judge also noted that while the penalties allowed for in that statute are higher than the value of the debit cards, the settlement talks were the result of arms-length negotiation between the team’s defense attorney’s and Wojcik’s text spam class action lawsuit attorneys and high enough to be reasonable considering the unknown result of the litigation.
The Buffalo Bills text spam class action lawsuit is Jerry Wojcik, et al. v. Buffalo Bills Inc., Case No. 12-cv-02414, in the U.S District Court for the Middle District of Florida.
While many cases, including this one, cite violations of the Telephone Consumer Protection Act because of unwanted text alerts, the terms of the law also protect Americans from robocalls from businesses with which they do not have a commercial relationship. Some defendants are seeking guidance from the FCC regarding recycled cell phone numbers, and whether companies should get a pass when a consumer gets one that was already on an existing call list.
If you have been the subject of text spam or harassing robocalls, you may also be able to obtain a legal remedy. Learn more about your options by visiting the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. After reviewing one’s case eligibility from the submission you make there, one of our partner text spam class action lawsuit attorneys will contact those who qualify.
UPDATE: Details about how to file a claim for the Buffalo Bills text spam class action settlement are now available! Click here or visit www.BBITextClassActionSettlement.com for more information.
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UPDATE: Details about how to file a claim for the Buffalo Bills text spam class action settlement are now available! Click here or visit http://www.BBITextClassActionSettlement.com for more information.