NHL Fan Sues Penguins for 3 Texts Too Many

Fred Weiss says he agreed to only 3 a week, got 9 in 2 weeks
By Evann Gastaldo,  Newser Staff
Posted May 31, 2012 8:43 AM CDT
NHL Fan Slaps Text-Happy Penguins With Lawsuit
One NHL fan is not a fan of how many text messages they send out.   (Getty Images)

(Newser) – Fred Weiss signed up to get text message alerts from the Pittsburgh Penguins, and was assured by the promotional agreement he would only receive up to three texts per week. When he started receiving more than that, rather than simply unsubscribing, he filed a lawsuit. Weiss alleges that the NHL team "intentionally and systematically transmitted text messages to individual consumers in excess of that weekly limit," thus violating the Telephone Consumer Protection Act, Mashable reports.

He claims he received five text messages in his first week and four in the second, and says he was caused "actual harm" due to "the aggravation that necessarily accompanies the invasion of privacy caused by unsolicited text message calls," plus the fact that he and others in his situation may have had to pay for excessive texts. He's looking to get class-action status for his suit, and he wants statutory and punitive damages plus an order that the Penguins stop sending out excessive text messages. Courthouse News has the full complaint. (Read more Fred Weiss stories.)

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