Text Message Complaint Against Sports Team Highlights Risks Associated With Using New Media To Interact With Fans

Most major sports teams invite fans to receive text message alerts about breaking news, player trades, scores, etc. Teams often use these services to collect information about their fans and to promote products and events. However, promotional text messages are heavily regulated and are frequent targets of class action plaintiffs.

Just last week a California resident filed a complaint against the Pittsburgh Penguins hockey team, claiming that the Penguins violated the federal telemarketing law that regulates promotional text messages by sending more text messages per week than the Penguins stated it would send. The plaintiff claimed that he signed up to receive hockey news and special offers from the Penguins and its affiliates in the form of text messages sent to his mobile device. The terms and conditions of the subscription stated "Maximum of 3 messages a week."

The plaintiff claims that in the first week after subscribing he received five text message alerts from the Penguins, and four the following week. The plaintiff filed suit, claiming that any promotional text messages sent in excess of the agreed-upon three-per-week were unsolicited text messages and therefore violated the Telephone...