Real Fans Don't Sue Their Team

Brad Herrmann by Brad Herrmann

Recent text messaging lawsuits (against the Buffalo Bills & Pittsburgh Penguins) seem laughable on the surface - fans suing their own team for a few extra text messages from a program they specifically signed up for. Let’s take a closer look at the many reasons that these group texting lawsuits are anything but a joke:

1) Both cases are class action lawsuits. These are MUCH more time consuming and expensive to defend than a simple 2-party case. Consider the Telephone Consumer Protection Act’s $500 penalty ($1500 if intentional) and the thousands of subscribers to the team’s text updates. If they had just 10,000 subscribers, the requested damages would be a whopping $5,000,000. Oh, don’t forget the attorney’s fees.
2) In both cases, there is ONLY ONE person complaining and filing a class action. Doesn’t it seem counterintuitive that a single person can file a class action lawsuit?
3) In both cases, the fans chose not to opt out or call the team – but to file a lawsuit. That is much more work than sending “STOP” after the first “aggravation” or “invasion of privacy”. Pathetic.
4) Defending a class action lawsuit will cost each team at least six-figures in attorney’s fees, even if/when they settle.
5) Of course, the plaintiffs and their attorneys aren’t really in it for the other “victims”. They are in it for a settlement. Should that happen, the plaintiff would likely receive $500-$10,000 and the attorneys would receive a major portion of the rest. The other victims? Maybe a coupon for a free hot dog – if they’re lucky.

The good news is that some judges are starting to refuse to grant classes and/or certify settlements that only pay attorneys and the lead plaintiff.

With fans like these, who needs opponents? If all else fails, I recommend that the Penguins and Bills both add a condition to the settlement that requires the plaintiffs to never again publicly call themselves a “fan” of the team.

About Call-Em-All

Call-Em-All's mass texting service, voice broadcasting, and text conversations help organizations deliver important messages quickly and maintain better engagement with contacts.

Since 2005, we've delivered more than 1.2 billion voice calls and text messages for companies in healthcare, education, staffing & human resources, property management, utility, non-profits, and religious groups.

We're different because of our culture. We believe it's our biggest competitive advantage. We're passionate about creating positive experiences for our customers, and ensuring that our platform isn't being used to spam marketing or political messages.

fill-headshot-lightblue Brad Herrmann fill-headshot-dots About Brad Herrmann
Brad Herrmann is the founder and president of Call-Em-All, an automated calling and group texting company that provides solutions for small and medium sized businesses, large corporations, membership organizations, community groups, and individuals. Since 2005, Call-Em-All has grown to send more than 5 million group calls and texts each month. Brad is a graduate of Texas A&M University.

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