NFL Enterprises Hit with Class Action Over Alleged Spam Texts
Young v. NFL Enterprises LLC
Filed: January 24, 2023 ◆§ 1:23-cv-00590
NFL Enterprises LLC faces a proposed class action over its alleged practice of sending automated text messages to consumers without permission.
NFL Enterprises LLC, the company in charge of promoting the National Football League, faces a proposed class action over its alleged practice of sending automated text messages to consumers without permission.
The 13-page lawsuit claims NFL Enterprises has run afoul of the Florida Telephone Solicitation Act (FTSA), which prohibits the use of an automated system to place “telephonic sales calls” without the prior express written consent of the called party.
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The plaintiff, a Florida consumer, claims to have received at least one spam text from NLF Enterprises, even though he never consented to be contacted, since the FTSA was enacted in July 2021.
According to the case, the plaintiff received the following promotional text from the defendant on November 15 of last year:
“NFL: The 2023 Pro Bowl Games Vote is officially LIVE! Vote NOW and see your favorite players like you’ve never seen them before: https://email.nfl.com/S/BPotMv1M Text HELP for info, STOP to end.”
The complaint contends that NLF Enterprises transmitted unlawful text messages to consumers in an “en masse fashion” using equipment “similar to a predictive dialer, inasmuch as it is capable of making numerous calls or texts simultaneously.”
According to the filing, the plaintiff and any other consumer who has had their privacy intruded upon by NLF Enterprises are entitled to recover $500 for each FTSA violation and up to $1,500 for each knowing or willful violation.
The lawsuit looks to cover anyone in Florida who, at any time since July 1, 2021, received a telephonic sales call made by or on behalf of NFL Enterprises LLC using the same type of equipment used to make telephonic sales calls to the plaintiff.
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