On May 25, 2012, a consumer filed a class action lawsuit against the Pittsburg Penguins professional hockey team, arguing that the team violated the federal Telephone Consumer Protection Act (TCPA) by sending him text messages without consent. Interestingly, the consumer had given consent to receive message but receive many more than expected. While the terms on the Penguins website stated that subscribers would receive a “maximum” of three messages per week, the plaintiff claims he received five messages in the week between March 11 and March 17, 2012, and that he received four messages in the week between March 18 and March 24, 2012.

Using the context provided by this unique circumstance, this article, written by partner Gonzalo Mon, provides the recent judicial history of the Telephone Consumer Protection Act, especially where it concerns test messaging. Furthermore, Gonzalo provides insights and makes recommendations to companies on ways to reduce the risks of mobile marketing.

This article was also published in Professional Sports and the Law.

Pittsburgh Penguins Face Lawsuit over Text Message Campaign