Lakers Win Spam Texting Case

The Los Angeles Lakers just beat a class action lawsuit brought by a ticket holder, who had accused the basketball franchise of sending him unsolicited text messages. Judge Wu of the US District Court for the Central District of California dismissed David Emanuel’s suit, saying the suit was not actionable under the Telephone Consumer Protection Act (TCPA) as the plaintiff voluntarily provided his phone number, and, further, he expressly consented to receiving a text from the Lakers by first texting the team a message that he hoped would appear on the Staples Center scoreboard.This decision, which is the first of its kind in California, changed the way the TCPA has been interpreted. Twice before, the US District Court for the Southern District of California ruled that a single, “confirmatory” text message in response to an opt-out request from a plaintiff was not actionable (Ibey v. Taco Bell Corp. and Ryabyshchuck v. Citibank); in this case, the court decided that a text message indicating a consumer’s request had been received (outside the context of an opt-out request) is also “confirmatory” (instead of a solicitation), and is not actionable under the TCPA.Still, TCPA violations and the lawsuits around them are making headlines. With a large class represented, statutory damages can range into the tens of millions of dollars.The TCPA restricts telephone solicitations, the use of automated telephone equipment, and unsolicited advertisements. Specifically, the TCPA limits the use of automatic dialing systems, prerecorded voice messages, unsolicited text messages, and junk faxes. So, what should you do when you get a robocall or an unsolicited text message? Hang up the phone. Do not press 1 or any other numbers to get off the list. Then, contact Mike Agruss Law, for a free consultation. The Federal Trade Commission has stopped billions, yes billions, of robocalls in the last two years. Mike Agruss Law, will do the same for you. We will aggressively enforce the law to stop robocalls and unsolicited text message. Not only will we stop the calls and text messages, but you may be entitled to money damages, too. Damages in TCPA cases range from $500.00 – $1,500.00 per call or text.