NASCAR was recently hit with a class action alleging that it sent unsolicited text message advertisements to consumers’ cell phones. The complaint, which was filed on August 10 in the Southern District Court of California, alleges that NASCAR violated the federal Telephone Consumer Protection Act (TCPA) by sending – via an automatic telephone dialing system – text messages to consumers’ cell phones advertising the NASCAR Sprint Cup Mobile smartphone application without the recipient’s prior express consent. According to the complaint, the plaintiff replied “End” to the text message to opt-out of receiving future texts from NASCAR, and subsequently received another text message from NASCAR stating, “Thanks. You have been removed from our Device Education SMS program.” The plaintiff claims that the opt-out confirmation text constitutes a separate violation of the TCPA.
Click here to view the complaint.