|OMG: He's Suing for What?|
|Wednesday, June 13 2012|
The Pittsburgh Penguins professional hockey team is being sued in a class action lawsuit for allegedly sending too many text messages to its fans.
Penguins "fan" Fred Weiss claims that when he signed up to receive weekly text messages from the team he was told that he would receive up to three texts per week. Weiss claims he received five messages the first week, then four the second week, prompting him to sue the NHL franchise on charges that it "intentionally and systematically transmitted text messages to individual consumers in excess of that weekly limit.”
Weiss claims the additional messages violate the Telephone Consumer Protection Act and caused him "actual harm” because of “the aggravation that necessarily accompanies the invasion of privacy caused by unsolicited text message calls.” The lawsuit also claims that the “excessive” texts (3 extra texts all together), cause him to pay for additional messages.
The terms and conditions of the franchise's message service state the following: "By subscribing, you consent to receiving, from time to time, further text messages from us which may include offers from us, our affiliates and partners. Available on participating carriers. Maximum of 3 messages a week. To end this service, text "STOP" to 32623."
According to the court documents, Weiss is seeking an injunction requiring the Penguins to cease all text messaging activities beyond the agreed three per week and an award of statutory damages to the members of the class, plus reasonable attorneys fees and costs. News reports estimate the actual damages to range from 20 cents to 50 cents per each additional text, with total damages amounting to no more than $1,500.
—Sources: Courthouse News and inquisitr.com