TCR Class Action Lawsuit Ends in $2.5 Million Settlement, Resolving Allegations of Spam Text Messages

A $2.5 million settlement has been achieved in a TCR class action lawsuit over claims that text message promotions were sent illegally to sports fans.

According to that TCR class action lawsuit, phone owners who wanted to get updates about sports games also received unwanted text messages from car companies like Hyundai, the Mid-Atlantic Sports Network, and Mercedes-Benz in violation of current telecommunications laws.

Lead plaintiff Sebastian Gonzalez commented on the settlement news, noting that the negotiations were not easy. Two different mediation conferences ultimately led to the settlement offer now in front of the court.

Class Members in this lawsuit will include anyone who received unwanted text message promotions from the Mid-Atlantic Sports Network from Dec. 12, 2013 through the date the court grants preliminary settlement approval.

The TCR class action lawsuit was originally filed in December 2017 based on alleged violations of the Telephone Consumer Protection Act. The lead plaintiff argued on behalf of himself and other cell phone owners that express written consent was never obtained by the company in order to send solicitation text messages.

According to the TCR class action lawsuit complaint, MASN used an automated telephone dialing system in order to carry out the marketing efforts. The TCPA forbids businesses from using an ATDS and enables consumers to bring legal action when one is used.

The defendants had previously pushed to delay the case while the FCC evaluated what qualified as an ATDS. Currently, any system that stores numbers to be contacted is considered an ATDS. Therefore, the plaintiff in the TCR class action lawsuit said that the case should be moved forward based on the defendant’s alleged use of such a system to send text messages about car promotions.

The kind of behavior outlined in the TCR class action lawsuit points out that companies cannot use such a system to attempt to reach consumers without the prior consent of that consumer. An ATDS enables companies to reach many possible customers quickly and even randomly, a behavior that consumers say is aggravating as well as against the law.

The Telephone Consumer Protection Act was put in place due to pressure on legislators to take a stand about marketing behavior that was annoying, invasive, and sometimes even harassing for consumers. Consumers have increasingly turned to litigation as a means to hold companies accountable for violations of the TCPA.

As part of the TCPA, companies also cannot use phone calls with a pre-recorded voice to attempt to reach consumers. This practice, along with robocalling with the support of an ATDS, has grown in recent years. In addition to outlining what companies can and cannot do, the TCPA allows harmed consumers to take legal action when companies have crossed the line, including payment of fines.

The TCR Class Action Lawsuit is Sebastian Gonzalez et al., v., TCR Sports Broadcasting Holding et al., Case No. 1:18-cv-20048-DPG, in the U.S. District Court for the Southern District of Florida.

UPDATE: March 2019, the Mid-Atlantic Sports Network text ads class action settlement is now open. Click here to file a claim.

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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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