August 15, 2011
Partner Gonzalo E. Mon was quoted in the Mobile Marketer article, "NASCAR Faces Class-action Suit Over SMS." The article discusses how a class-action suit has been filed against NASCAR after the company allegedly sent unsolicited text messages, an offense courts have previously found as a violation of the Telephone Consumer Protection Act (TCPA).
Mr. Mon gave his insight, noting that, "We only have one side of the story at this point, so it's too early to tell whether NASCAR did anything wrong. Nevertheless, this case serves as a reminder that failure to get consent is likely to lead to lawsuits and once a company finds itself in one of these lawsuits, it can be very expensive to get out."
To avoid future lawsuits, Mr. Mon urges companies to consult the Mobile Marketing Association's guidelines and ensure they make the correct disclosures and follow the correct steps to get consent.