“Fan Sues Pittsburgh Penguins For Sending Him Too Many Text Messages”

by Walter Olson on June 1, 2012

It might be more accurate to identify the protagonist in this little tale as a class action law firm, rather than as a California “fan”:

Fred Weiss is the only plaintiff named in the class-action suit. In it, he claims he suffered “actual harm” because he was “subjected to the aggravation that necessarily accompanies the invasion of privacy caused by unsolicited text message calls, but also because consumers have to pay their cell phone service providers for the receipt of such wireless calls.” Weiss is bringing the suit under a federal law that prohibits unsolicited texts. …

The terms and conditions of the text program said the Pens would send no more than three messages per week for those who chose to subscribe. In his first week as a subscriber, Weiss claims the Pens sent him five texts. In the second week, Weiss says he got four.

The Edelson class-action firm of Chicago is one we have met before. [DeadSpin]

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Daily Roundup: June 2, 2012 | NHLPens.com
06.02.12 at 8:02 am


1 D 06.01.12 at 12:55 pm

It will be less time consuming and possibly more profitable for Fred to search the ground for loose change to pay for those extra three messages. How many text messages will he send and receive with his lawyer?
Edelson needs to screen their cases more closely. Unbridled enthusiasm rarely pays as expected.

2 ras 06.01.12 at 2:39 pm

Pull his jersey over his head and wale on him a bit; it’ll bring him closer to the game he loves with no additional texts.

3 leafs004 06.01.12 at 4:09 pm

Jerseys are now tied down to prevent being pulled over the head. I’d recommend that when his case gets tossed that the courts make an example out of him by letting Rob Ray extract restitution. For the full effect, google Rob Ray beats fan.

4 Mark Biggar 06.01.12 at 5:06 pm

Doesn’t this depend on how you define “3 messages a week”? Suppose he got 3 messages on Friday, 1 on Tuesday, 2 on Thursday and 3 the following Monday and no other messages. Note that in any Sunday through Saturday ‘Week’ he only got 3 messages as per his subscription, but there are two 7 day periods (“week” measured from Wednesday through Tuesday) where he got 4 and 5 respectively. I’d say give the guy his $0.45 cents (typical text msg charge is $0.15) back and sanction the lawyer.

5 Rliyen 06.01.12 at 5:38 pm

Or, God forbid, unsubscribe or get a text blocker.

6 ras 06.01.12 at 8:16 pm


Right you are! I’d forgotten about the Rob Ray rule.

But we can probably presume that Mr. Weenie Sue-Your-Pants doesn’t tie his down, right?

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