A class-action lawsuit over too many text messages from the Buffalo Bills football team has been settled for a sum of $3 million, according to a report from the Buffalo News on Monday. The lawsuit’s claim was that the Buffalo Bills were violating the federal Telephone Consumer Protection Act, which regulates phone solicitations, by sending texts to fans’ phones one too many times.
The texts in question were sent to Bills fans who enrolled in an alert service on the team’s website. According to the site, the service would send fans three to five texts for 12 months. Jerry Wojcik, the class-action leader, filed the suit in 2012 when he received six texts in one week and seven the next.
In court, Wojcik sought $500 per extra message in statutory damages and up to $1,500 per message for “willful violations” under the TCPA, per the Buffalo News. The TCPA includes rules regarding the Do Not Call list and use of artificial voices or recordings in unsolicited telemarketing calls. The Federal Communications Commission interpreted texts as a type of call in the 2009 suit Satterfield v. Simon & Schuster, Inc (PDF).
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