The Telephone Consumer Protection Act is being cited in another class action lawsuit. The NASCAR Sprint Text Ad Class Action Lawsuit claims that while promoting its coverage of the Daytona 500 Nascar violated the Telephone Consumer Protection Act when it sent text messages to fans promoting the race. These texts read ““FREE NASCAR Sprint Cup Mobile lets you watch the action from Daytona live on your phone. Download now. Reply END to stop.”
The class members are seeking $1,500 for each violation of the TCPA, that could be a huge payoff. Estimates based on that number put the damages at around$5,000,000. The lawsuit was filed in U.S. District Court in California by the San Diego law firm Hyde & Swigart.
A Nascar spokesperson commented: “NASCAR has yet to be served for the suit, and to my knowledge we haven’t heard from the plaintiff nor her representative,” and “We don’t engage in this type of text campaign and did not send out the alleged text.”
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