A federal class action lawsuit was filed against NASCAR alleging that it violated the Telephone Consumer Protection Act by sending unsolicited text messages advertising a mobile app that would enable plaintiffs to watch car races on their phones.
The suit, filed in California, seeks maximum statutory damages of $1,500 per message for the estimated tens of thousands of class members.
The plaintiff alleged that she never provided her cellular phone number to the defendant, nor provided any type of prior express consent to receive sales solicitations although she received an unsolicited ad regardless.
The text message read “FREE NASCAR Spring Cup Mobile lets you watch the action from Daytona live on your phone. Download now. [link] Reply END to stop.”
After replying “END,” the plaintiff alleged she received a second text message, this time confirming she had been removed from the program.
Both texts violated the TCPA, according to the complaint, and the plaintiff incurred charges for receiving them.
The suit seeks to certify a class of persons who over the last four years received the first unsolicited message and a subclass of those who received the second, confirmatory message.
Arguing that the defendant’s actions were knowing and/or willful, the suit seeks trebled damages of $1,500 for each violation of the TCPA, as well as injunctive relief to halt the defendant’s unsolicited texts.
To read the complaint in Jaber v. NASCAR, click here.
Why it matters: Lawsuits over unsolicited text message are increasingly common, and courts have uniformly held that such messages sent without “prior express consent” violate the TCPA. Marketers who send unsolicited text messages without prior express consent from consumers could face a costly lawsuit.