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SMS Marketing Industry News

Pittsburgh Penguins Fan Sues Over Too Many Text Messages

Jun 07, 2012

Pittsburgh Penguins Text Message Lawsuit

Wow… that was fast! A few days ago we wrote about an SMS lawsuit settlement between plaintiffs and Rick’s Cabaret International, Inc. for sending more text messages than stated in their terms and conditions. In the post, I predicted that  Today we received information about a new class action complaint against the Pittsburgh Penguins for the exact same reason, plaintiffs received more text messages than stated in the terms and conditions.

This one was interesting though, because unlike Rick’s Cabaret who displayed an expected monthly SMS volume in their terms and conditions, the Pittsburgh Penguins displayed a weekly SMS volume. You can see the terms and conditions below for their SMS campaign.

Pittsburgh Penguins Text Messaging Campaign

By displaying a weekly SMS volume, instead of a monthly SMS volume, the Pittsburgh Penguins were in violation of their own terms and conditions when the plaintiff received 5 text messages during the first week after joining the Pens Mobile Club by texting PENS to 32623. Whoops!

There are two lessons to be learned from this class action complaint…

  1. Stay within the SMS volumes displayed in your terms and conditions.
  2. Always use a monthly SMS volume in your terms and conditions instead of a weekly volume. This will allow you to send more SMS messages during high activity weeks, while still staying beneath your total monthly SMS volumes.

Hopefully you’ll be able to use these two pieces of advice when planning your own SMS marketing campaign. If you have any questions, please don’t hesitate to contact us.


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