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I recently came across a class action lawsuit Badie Jaber V. NASCAR HOLDINGS, INC. filed on August 8, 2011 against Nascar for sending unsolicited text messages to the plaintiff Badie Jaber. The plaintiff in the case argues that she never asked to receive text messages from NASCAR and that the company sent her the following unsolicited message earlier this year:
FREE NASCAR Sprint Cup Mobile lets you watch the action from Daytona live on your phone. Download now: http://sprint.us/nascar Reply END to stop.
The plaintiff is seeking up to $1,500 in damages for each violation (text message) of the Telephone Consumer Protection Act. Attorneys for the plaintiff think damages will be over $5 million with the amount of Sprint customers that received this text message.
Three things in the class action lawsuit that I found interesting being in the SMS marketing space.
Don’t want your business to be involved in a spam SMS lawsuit. All you have to remember is to get your customers permission to send them SMS messages, it’s pretty simple.