The San Diego Chargers are facing a presumptive class action lawsuit over allegations that the National Football League team violated federal and state consumer privacy laws by robo-calling fans.
Football fan and lead plaintiff Paul Story alleges violations under the federal Telephone Consumer Protection Act. Story said the San Diego Chargers marketing companies repeatedly called his cellphone, offering him tickets and other promotions. Story claims that he ignored the initial calls, but then received additional calls in rapid succession, which he claims were done through ‘robo-calling,’ which is prohibited under the Telephone Consumer Protection Act. Story says that starting in October 2013, he started getting calls from a telephone number, which was associated with Chargers Football Company, LLC, a marketing arm of the team. Story says that the calls came at full volume and at rapid speed.
According to Story’s complaint, “Defendants placed thousands of similar calls, all for advertising and telemarketing purposes, to the cellular telephone numbers of members of the general public. “
The San Diego Chargers are not the first NFL team to be slapped with a Telephone Consumer Protection Act claim. The Tampa Bay Buccaneers are currently dealing with claims by five plaintiffs, who allege that between 2009 and 2010, the Bucs called more than 100,000 numbers with offers and ads for tickets to games through the Buccaneers website and Ticketmaster. The Buccaneers settled with the plaintiffs, allowing them to sign settlement offers for $1,500 per call, before the Florida class could be certified.
Story alleges that if he can prove that the Chargers made these calls, as in the Tampa Bay case, he is entitled to $1,500 per text or call.
If your company has questions about defending your reputation, your name, or just wanted to discuss your options for handling potential litigation against competitors, you need an experienced Georgia business lawyer. Attorney James J. (“Jim”) Thomas II has more than 35 years of courtroom experience in the Atlanta area, and has represented professional athletes, teams, and leagues, as well as many other individuals and businesses. Jim is a business litigation expert who can handle complex business litigation as well as analysis, evaluation, and resolution of existing and potential litigation including sports litigation. Give Jim a call at 404-869-5248 or visit www.litigationatlanta.com online.