So TCPAWorld has been reporting on the clear trend of TCPA class action suits against companies (primarily retailers) that deploy text clubs and particularly those arising out of timing limitations in the TCPA and state statutes.

Well, the NFL’s Tampa Bay Buccaneers are the latest to fall victim to this trend with a new TCPA class action filed in Florida against the team’s ownership today.

Plaintiff Andrew Leech claims he was texted by the Buccaneers at 9:24 pm his time– he claims to live in Palm Beach County, Florida so not sure what happened there.

Plaintiff seeks to represent a class consisting of:

All persons in the United States who from four years prior to the
filing of this action through the date of class certification (1)
Defendant, or anyone on Defendant’s behalf, (2) placed more than
one marketing text message within any 12-month period; (3) where
such marketing text messages were initiated before the hour of 8
a.m. or after 9 p.m. (local time at the called party’s location)

Notably the Plaintiff does not say whether he agreed to be texted by the Buccaneers to begin with. As I have previously reported the TCPA’s timing regulations likely do NOT apply to consented calls, but there is very little case law on the issue.

The case is brought by the Law Offices of Jibrael S. Hindi– the same firm behind a number of similar timing cases. (He is apparently a Dolphins fan…)

Again until this trend abates companies deploying SMS need to be EXTREMELY cautious to assure timing limitations are complied with!