Tampa Bay Rays Class Action Claims MLB Team Sent Unwanted Texts

A Miami resident says he received numerous unwanted advertising text messages promoting ticket sales for the Tampa Bay Rays Major League Baseball team in violation of federal law.

Plaintiff Chad Fernandez claims the Rays didn’t receive express written consent from consumers before sending out the telemarketing texts which constitutes an infringement of the Telephone Consumer Protection Act.

According to the Tampa Bay Rays class action lawsuit, Fernandez was sent at least four unwanted texts asking him to buy tickets: “Opening Day is one week away! Get your tickets now and join the Rays for the start of the 2018 season.”

Fernandez says the advertising text messages were sent from short code 420-86 which is operated by the defendant.

The Tampa Bay Rays class action lawsuit alleges that the plaintiff incurred actual harm from the MLB team including loss of battery life in his cell phone which forced him to recharge it at a financial cost. In addition, Fernandez says his personal privacy was invaded.

“Defendant’s SMS text messages invaded Plaintiff’s privacy, intruded upon his seclusion and solitude, constituted a nuisance, and wasted his time by requiring him to delete the messages,” the Tampa Bay Rays TCPA class action lawsuit states.

The TCPA is a federal law enacted in 1991 as a way to limit unsolicited telemarketing. Over the years, businesses have been restricted in the ways they can reach out to consumers without their consent. In addition to robocalls, fax advertisements and text messages are also limited under this federal law.

Companies who do not comply with the TCPA could face fines of between $500 and $1,500 per violation.

Fernandez seeks to represent “All persons within the United States who received an SMS text message, sent by or on behalf of Defendant or an affiliate, subsidiary, or agent of Defendant from the shortcode telephone number 420-86.”

The Rays unwanted text message class action lawsuit claims that pursing the litigation as a class action is the best option because if all of the potential Class Members who received the telemarketing texts filed claims it would be “unduly burdensome” on the court system.

The plaintiff believes the putative Class will be easy to locate based on the call records of both the Rays and consumers.

This isn’t the first time that the Tampa Bay Rays faced legal action over unsolicited text messages. In May of this year, the MLB team was hit with another TCPA class action lawsuit over similar claims.

The latest Rays class action lawsuit filed by Fernandez is one of many hitting professional sport teams over claims of TCPA violations. Since 2012, the Los Angeles Lakers, Los Angeles Clippers, San Diego Chargers and Buffalo Bills have all faced similar class action lawsuits.

Fernandez is represented by David P. Milian and Ruben Conitzer of Carey Rodriguez Milian Gonya LLP.

The Tampa Bay Rays Unwanted Text Message Class Action Lawsuit is Chad Fernandez v. Tampa Bay Rays Baseball Ltd., Case No. 8:18-cv-02251, in the U.S. District Court for the Middle District of Florida.

UPDATE: On Nov. 20, 2018, a federal judge denied the Tampa Bay Rays’motion to dismissa Telephone Consumer Protection Act class action lawsuit against them.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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