On August 10, a California woman filed suit against Nascar Holdings, Inc., alleging that the company violated the 1991 Telephone Consumer Protection Act (“TCPA”) by sending out unsolicited text messages. According to the complaint, the text messages were sent in February of this year to promote a Sprint Cup race at Daytona. Interestingly, the plaintiff alleges that both the initial marketing message AND the unsubscribe confirmation message violate the TCPA.
The complaint demands that NASCAR pay statutory damages in the amount of $1,500 per unsolicited text. While the plaintiff does not include a calculation of total damages in her complaint, she alleges that they are at least $5 million.
This case comes on the heels of recent FTC activity surrounding cramming, and indicates that even in the age of Web 2.0, regulators and plaintiffs’ counsel are still focusing on traditional advertising methods, such as telemarketing.