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Another Strike Out? Tampa Bay Rays “Hit” With TCPA Class Action Over Text Campaign

Not only did the Tampa Bay Rays start this season with the worst record in the majors (1-8), they are also striking out in TCPAland. Yesterday, a class action was filed against the baseball team in the Middle District of Florida alleging that they are sending unsolicited text messages in an effort to boost ticket sales. (Got to try something, right?) The texts were allegedly sent as part of an advertising campaign promoting tickets to the Rays’ baseball games and other Rays related events and celebrations. Call me cynical, but this calls to mind the “joyride” scam Artin wrote about the other day. It also reminds me of that old Emanuel v. L.A. Lakers case where the fan texted his number to a short code displayed on a screen at a game and then sued the Lakers for daring to text him back.

It remains to be seen, of course, whether this is a legitimate suit or another TCPA scam targeting a professional sports franchise.

The alleged class is defined as: “All individuals in the United States to whose wireless telephones Defendant, or someone on its behalf, sent a non-emergency, unsolicited text message through the use of an automatic dialing system, at any time within the four years prior to the filing of this action.”

Plaintiff is represented by Siprut P.C. and Kuhn Raslavich, P.A.

Counsel for the Tampa Bay Rays have not yet made an appearance.

Copyright © 2020 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume VIII, Number 138



About this Author

Susan Nikdel, Womble, litigation attorney

Susan represents clients in commercial and financial services litigation, particularly Telephone Consumer Protection Act (TCPA) cases. She is part of a team that has handled more than 600 TCPA cases, including more than 50 national class actions.

Prior to beginning her legal career, Susan served as a Judicial Extern for the Honorable Theodor C. Albert in the U.S. Bankruptcy Court, Central District of California.  She is a Certified Mediator.

Susan is fluent in Farsi/Persian and conversational in Spanish.