When Fred Weiss signed up to receive weekly text messages from the Pittsburgh Penguins he was told through the teams promotional agreement that he would receive up to three texts per week, when he received five messages the first week then four texts the second week rather than simply unsubscribing he decided to file a lawsuit.
In his filing Weiss claims the NHL franchise “intentionally and systematically transmitted text messages to individual consumers in excess of that weekly limit.”
The Penguins “fan” then claims that by sending additional text messages the Pittsburgh Penguins violated the Telephone Consumer Protection Act.
According to Weiss the additional text messages caused him “actual harm” because of “the aggravation that necessarily accompanies the invasion of privacy caused by unsolicited text message calls.” The lawsuit also claims that the “excessive” texts (3 extra texts all together), cause him to pay for additional messages.
Courthouse News reveals that Fred Weiss wants more Pittsburgh Penguins fans to join the lawsuit to turn it into a class-action case where he will be asking for statutory and punitive damages. If the case moves forward Penguins fans could be entitled to tens of cents! maybe even tens of dollars.
In the meantime Pittsburgh Penguins fans are on the offensive, calling Weiss “no real fan” of the Penguins while lambasting him for suing the franchise over what amounts to potentially $.30 in text messages over a two week period as part of an opt-in program.
Do you think this text message lawsuit is going to far?