“Overlawyered” on Texting Lawsuit against Pittsburgh Penguins.

Posted By Cliff Tuttle | June 3, 2012

No. 845

He couldn’t have been much of a fan.

Check out the class action suit against the Pittsburgh Penguins alleging over-texting.  I’m inclined to agree with Walter Olson on this one.  If you sign up for three texts per week from the Pens and get 4 or 5, you’re getting a bonus. The cause of action is based upon a federal statute intended to protect cell phone subscribers from unwanted text messages.  I could see the fan being annoyed if the Pens started sending texts every day, but 5 instead of 3?  Get off it!

The remedy is to unsubscribe — not file a class action.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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