Tampa Bay Buccaneers Tackled with TCPA Lawsuit

The Tampa Bay Buccaneers have been hit with a class action lawsuit, alleging that the Florida football team sent unsolicited faxes to unsuspecting recipients in violation of the Telephone Consumer Protection Act (TCPA). A federal judge dismissed a similar TCPA lawsuit against the Buccaneers less than two months ago.

U.S. District Judge Steven D. Merryday dismissed the previous TCPA lawsuit against the Buccaneers on Oct. 24, 2013, finding the case lacked the necessary “jurisdictionally necessary ‘case or controversy’” because the team had offered to settle the plaintiff’s demands in full before the case was certified as a class action lawsuit.

The previous TCPA lawsuit was originally filed on Nov. 18, 2009, when an unnamed plaintiff alleged that the Buccaneers sent out unsolicited advertisements for tickets to home games to offices and personal residences. The plaintiff’s lawyer argued that fax advertising shifted the cost of marketing promotion from the agent to the unwilling recipient. Because the plaintiff had not expressed prior consent to receiving these faxes, they violated the TCPA.

The Buccaneers will not have the chance to settle this case as they did with the previous one because the plaintiff moved for class action certification the same day the complaint was filed. Like any TCPA lawsuit, the plaintiff seeks to bring the defendant to court for violating the law’s provisions.

The plaintiffs’ legal team suggests two subclasses of plaintiffs for the new proposed TCPA class action lawsuit. The first subclass would include individuals who received one or more of the unsolicited fax advertisements, and the second would include those who received faxes with do-not-fax options notices that did not comply with the TCPA.

The Tampa Bay Buccaneers TCPA Class Action Lawsuit is Stein, et al. v. Buccaneers LP, Case No. 8:13-cv-02929, in the U.S. District Court for the Middle District of Florida.

Overview of TCPA Violations

The TCPA was passed by the U.S. Congress in 1991 and signed into law by President George H. W. Bush, amending the Communications Act of 1934. If companies are found to be in violation of the TCPA, the fees can range from $500 to $1500. The lower end of the fees is for when a company unintentionally violates the regulations of the TCPA, but the penalties rise if the company is found in willful violation.

In general, companies must adhere to a specific set of requirements when calling customers, under the TCPA. Some of these requirements include:

• In accordance to local time, companies cannot call before 8 a.m. or after 9 p.m.
• Companies must maintain a “do-not-call” (DNC) list of consumers who asked not to be called, to be honored for 5 years.
• Companies are prohibited from sending automated telephone calls or an artificial or prerecorded voice to a cellular telephone, or any service for which the recipient is charged for the call.
• Companies are prohibited from placing autodialed calls that take up two or more lines of a multi-line business.

Help for Text Spam, Cell Phone Call TCPA Victims

If you received an unsolicited text message, cell phone call or fax advertisement, you may be able to take legal action against the company(ies) responsible. Consumer class action settlements for TCPA violations typically pay out $100 to several hundred dollars to Class Members. See if you qualify to participate in a class action lawsuit by filling out the short form at the TCPA Class Action Lawsuit Investigation.