Contractual Issues

Man Sues Pittsburgh Penguins over Text Message Service

The following article was written by Spencer Wingate.

The Lemieux Group encourages supporters to sign up for text message notifications regarding their teams’ breaking news, player trades, and special offers. The service designed to promote the Pittsburgh Penguins, stipulated no more than three text messages would be sent a week.

Fred Weiss contends these terms and conditions were violated in a federal class action lawsuit he filed in California. He is suing the Lemieux Group d/b/a the Pittsburg Penguins for violating the Telephone Consumer Protection Act and breaching their contract. He believes the team solicited him to enroll in the service and then systematically sent more than the weekly limit. This has resulted in “aggravation that necessarily accompanies the invasion of privacy”.  He is seeking an injunction that will have text messages beyond the weekly limit ceased; along with an award for statutory damages and attorneys’ fees.  The lawsuit has been filed individually on behalf of Mr. Weiss and for all others similarly situated.

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