The Los Angeles Clippers are in the news again: this time for an
ill-advised promotional text message marketing campaign. Fans filed
a class action suit against the pro basketball team in February
2013, after the team sent them text messages without the fans'
express written consent to receive them, in violation of the
Telephone Consumer Protection Act (TCPA). The case was brought in
the Central District of California and captioned Friedman v.
LAC Basketball Club, Inc., 2:13-cv-00818-CBM-AN.
In the complaint, it was alleged that while attending a Clippers
game, plaintiffs learned they could send messages directly to the
scoreboard from their phones by texting a designated number. The
announcement alerting them of this fact, however, did not disclose
that the Clippers would store the numbers and subsequently use them
to advertise promotions. According to the plaintiffs, therefore,
when they received promotional text messages from the Clippers,
this violated the TCPA's rules against text messaging consumers
who do not first expressly opt in to receive the texts.
In June 2014, the Clippers sought a judgment on the pleadings,
arguing that the TCPA was not violated because plaintiffs consented
to having the team send them text messages by virtue of their
texting the scoreboard. Moreover, the Clippers argued that the
plaintiffs only received a single text message, which provided a
method for opting out of future communications. The court denied
the Clippers' motion, unfortunately without explanation.
Perhaps to avoid any further bad press and to ensure that seats are
filled for the upcoming season, the Clippers have agreed to settle
the suit with game tickets. Although the team maintains that its
conduct was permissible, it agreed in the settlement not to send
any text messages without express consent for two years, and class
members will be given the choice of receiving either two tickets to
a home game in October or one ticket and a $20 credit for
merchandise. Tickets alone won't do the trick for the
plaintiffs' attorneys, who will receive $600,000 in fees and
costs.
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