NASCAR faces class action lawsuit over unsolicited text messages

dpkimmel2001

dpkimmel2001

Team Owner
Joined
Apr 1, 2009
Messages
36,193
Points
1,033
Location
Western PA
I feel left out. I didn't get one.

A class action lawsuit has been filed against NASCAR over claims that a text message promoting coverage of the 2011 Daytona 500 on Sprint phones violated the Telephone Consumer Protection Act.

The lawsuit, filed in U.S. District Court in California, was one of three filed Wednesday by the San Diego law firm Hyde & Swigart that focuses on texts that allegedly violated the law. The National Football League and GameStop also were subject of lawsuits.

The unsolicited text in question was one that was sent Feb. 19 to California resident Badie Jaber that said: “FREE NASCAR Sprint Cup Mobile lets you watch the action from Daytona live on your phone. Download now: http://sprint.us/nascar Reply END to stop”

That text message was placed from an automatic telephone dialing system that violated the law, the lawsuit alleges. A follow-up text notifying Jaber that she had been removed from the list also was illegal, the lawsuit states.

NASCAR spokesman David Higdon said NASCAR did not send the texts in question.

“NASCAR has yet to be served for the suit, and to my knowledge we haven’t heard from the plaintiff nor her representative,” Higdon said. “We don’t engage in this type of text campaign and did not send out the alleged text.

“Based on what we have seen, the plaintiff has conducted little or no due diligence on this matter.”

The lawsuit asks for $1,500 for each violation of the code. It does not specify how many alleged violations took place but states that the damages would be greater than $5 million, which is the threshold for federal court jurisdiction in such a case.

“[NASCAR] illegally contacted plaintiff and [others] via their cellular telephones by using an unsolicited and/or confirmatory text message, thereby causing [them] to incur certain cellular telephone charges or reduce cellular telephone time for which [they] previously paid and invading the privacy of [them],” the lawsuit states.
Click to expand...

From here.
 
This is Sprint, not NASCAR.

I got text messages from AT&T all the time telling me to download the free NCAA March Madness app and watch CBS Sports' coverage live on 3G. All you have to do is send a message to opt out of free promotional messages from your carrier.

Sounds like a few lawyers and some people just want money.
 
And if the messages weren't free, than Sprint is in some serious doo doo. Having had Sprint before (they suck, I won't switch back as much as I despise AT&T), they are free.
 
You must log in or register to reply here.
Back
Top Bottom