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Pittsburgh Penguins Fan Sues Team For Texting Him Too Frequently

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05-31-2012, 10:19 AM
  #1
Jaded-Fan
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Pittsburgh Penguins Fan Sues Team For Texting Him Too Frequently

Pittsburgh Penguins Fan Sues Team For Texting Him Too Frequently

By Chris Morran on May 30, 2012 3:15 PM

A fan of the Pittsburgh Penguins NHL team is suing the owners for the hockey franchise not for the team's embarrassing loss at the hands of the infinitely superior Philadelphia Flyers, but because he got more than he bargained for when he signed up for text alerts from the team.

The lawsuit, brought last week in the U.S. District Court in California's Central District, says that the Penguins violated the Telephone Consumer Protection Act by sending more text messages than agreed to in the terms and conditions.

According to the complaint, when the plaintiff signed up for the text alerts intended to provide information like player trades, breaking news, and special team-related offers the agreement on the Penguins website states the team will send a maximum of three texts per week.

However, the plaintiff alleges that in the first week, he received at least five texts from the team. The next week, it was four.


http://consumerist.com/2012/05/pengu...requently.html

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05-31-2012, 10:22 AM
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Darth Vitale
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God Bless America. Whatever you do, don't use common sense and maturity in dealing with everyday life! Sue whenever possible, so you don't have to earn your own money / make your own way.

What a ****ing jagoff. I suppose if he was getting 10 or 15 texts a week I could see lodging a formal complaint, but even then I wouldn't sue. The number of BS lawsuits in this country is staggering. There ought to be a citizen's board that can prevent cases like this from taking up even 1 hour of a court's time, if it's deemed to be frivolous.

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05-31-2012, 10:23 AM
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khaoskennedy
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what the **** is wrong with people, if u don't like it cancel it, moron

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05-31-2012, 10:23 AM
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Jaded-Fan
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Yeah, those extra two texts that first week and one the next likely ruined his life.

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05-31-2012, 10:34 AM
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regard
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I dont know how he'll ever recover.

Every single text message says "Text stop to quit" or something. Takes 3 seconds to text Stop. Instead he went out and found a lawyer and is going to sit through court.

Spending time reading fine print on nonsense things then looking for an excuse to sue rather than just working harder is just disgraceful.

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05-31-2012, 10:35 AM
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gordie
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"Infinitely superior Philadelphia Flyers?" What part of Cryerdom or Crapadelphia does the consumerist originate from??


Last edited by gordie: 05-31-2012 at 10:45 AM.
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05-31-2012, 10:37 AM
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regard
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The Pens should start a subtle rumor that this lawsuit might affect thier payroll. See if the guy starts taking tons of heat from fans.

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05-31-2012, 10:54 AM
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shizno
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Lol sensationalist summary 'the team's embarrassing loss at the hands of the infinitely superior Philadelphia Flyers'...if they are infinitely superior how is it embarassing, or if it was embarassing how are they infinitely superior?

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05-31-2012, 11:00 AM
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ColePens
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What the hell? This is the weirdest thing I've seen. You have to read the disclaimer before you sign up.

People suck... and that's why we can't have anything nice! Seriously - there is no respect or responsibility anymore.

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05-31-2012, 11:00 AM
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Shady Machine
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Quote:
Originally Posted by shizno View Post
Lol sensationalist summary 'the team's embarrassing loss at the hands of the infinitely superior Philadelphia Flyers'...if they are infinitely superior how is it embarassing, or if it was embarassing how are they infinitely superior?
Calm down. That's by far the least ridiculous thing in that article.

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05-31-2012, 11:04 AM
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ComplianceBuyout
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Guys, relax. The 'infinitely superior' thing is for sure a joke. Probably even is a jab AT the flyers

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05-31-2012, 11:05 AM
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I am no lawyer, but...

Quote:
By exceeding the authorized limits on weekly text message calls made to Plaintiff... Defendant has caused Plaintiff and the other members of the Class actual harm, not only because they were subjected to the aggravation that necessarily accompanies the invasion of privacy caused by unsolicited text message calls, but also because consumers frequently have to pay their cell phone service providers for the receipt of such wireless calls.
How are they "unsolicted"? He signed up for the service!

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05-31-2012, 11:12 AM
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Mr Jiggyfly
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Did a lawyer actually take this case?

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05-31-2012, 11:26 AM
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sniugneP
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People....

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05-31-2012, 11:27 AM
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Dread Pirate Roberts
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Is this lawyer for real? How many dollars worth of damage to the guy's life could 3 extra texts over the course of two weeks cause? I mean, at worst, it could put the guy over his monthly texting limit and send him into overages. In which case that kind of sucks for him, but the Penguins can easily afford to pay what they "owe" the guy (and if the guy pays per text, then this lawsuit is even more ridiculous, because then they only cost the guy like sixty cents). If he's trying to allege that three text massages were somehow a great inconvenience or interruption in his life, then I would argue it's not the Pittsburgh Penguins' fault that some ******* doesn't know how to turn his phone off.

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05-31-2012, 11:30 AM
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This is ridiculous.

The guy signed up for the service, he has every opportunity to cancel every time he gets a text. It's also, what, one or two more texts than it said? Big deal, even if they sent 15 texts a week, you don't sure, you just cancel.


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05-31-2012, 11:40 AM
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Burgs
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Quote:
Originally Posted by Mr Jiggyfly View Post
Did a lawyer actually take this case?

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05-31-2012, 11:50 AM
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UnderratedBrooks44
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Too la y to reply with a ic of Jackie chiles....so yeah, Jackie chiles.

Seriously though, this might top the people suing McDonald's for getting fat. I think it does. I know my life is pretty Pens-centric but: most frivolous lawsuit of all time?

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05-31-2012, 12:05 PM
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Darth Vitale
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I am pretty sure the Flyers thing was sarcasm but I might've missed something; I just skimmed that part. Even if it was serious, they're still golfing and won exactly as many Cups this year as we did. I suppose in Philadelphia some people might take pride in winning a playoff round. Not much to hang your hat on, but whatever works. It's Philly. There's nothing else to hang your hat on except Rocky, Cheesesteaks and bad roads.

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05-31-2012, 12:12 PM
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Pigs On The Wing
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It's ridiculous what you can sue for in this country.

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05-31-2012, 12:16 PM
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Mr Jiggyfly
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Quote:
Originally Posted by UnderratedBrooks44 View Post
Too la y to reply with a ic of Jackie chiles....so yeah, Jackie chiles.

Seriously though, this might top the people suing McDonald's for getting fat. I think it does. I know my life is pretty Pens-centric but: most frivolous lawsuit of all time?
The guy who tried to rob Mcdonalds, got lynched by a patron, then pressed a suit agt. Mcdoanlds because he didn't give up his "right to be safe", even though he was robbing a store, easily wins.

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05-31-2012, 12:17 PM
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I don't understand why people lose their minds every time someone sues for something stupid. It'll get thrown out of court and they'll have to pay a ton of court costs. Chill.

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Old
05-31-2012, 12:17 PM
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Brian Boyle
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Quote:
Originally Posted by Jaded-Fan View Post
However, the plaintiff alleges that in the first week, he received at least five texts from the team. The next week, it was four.[/I]
The team is out of control.

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Old
05-31-2012, 12:20 PM
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Jaded-Fan
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Originally Posted by Chancellor Vitale View Post
I am pretty sure the Flyers thing was sarcasm but I might've missed something; I just skimmed that part. Even if it was serious, they're still golfing and won exactly as many Cups this year as we did. I suppose in Philadelphia some people might take pride in winning a playoff round. Not much to hang your hat on, but whatever works. It's Philly. There's nothing else to hang your hat on except Rocky, Cheesesteaks and bad roads.
I hate that they pick before us in the draft. That said, that has worked in our favor in the past. The year we got Jagr for instance we had a better record than a number of teams that picked after us when we chose him with the 5th overall selection. I highly doubt that the difference between pick 20 and 22 in this down draft year will make all that big a difference.

As for the topic, I am an attorney actually. And these type of cases are the kind that give us bad reputations. But with any system you have people who play around the edges and hope that the gate keepers, the judge in this case, are smart enough to handle these things accordingly.

Class action suits are very necessary. Without them certain checks on companies would be nearly impossible, as the damage individually would not be worth suing over, but collectively there is a real issue to deal with, issues unlike this one that people do care about. But it invites cases like this one as well.

Thankfully I am not in this area of the law. Mostly I just break up marriages for a living. And that is the other point. Law firms that handle class action cases are such a small percentage of lawyers in practice. Look where this was filed, California. Some go looking for things like this to sue over. But they are not representative of most attorneys. Just like the number of attorneys who handle personal injury work. They get the most headlines so you think that there are a million of them. But, if I remeber less than 3 out of a hundred attorneys are personal injury attorneys. And the ones who really abuse the system, such as this case, are a small percentage of those.

As for those saying that this will get thrown out. I doubt it giving my professional opinion. The standard for getting a case dismissed is very high, and most cases survive summary judgment motions. The most likely scenerio is that the lawfirm shakes the Pens down for a couple hundred thousand dollars in an out of court settlement.

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05-31-2012, 12:39 PM
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UnderratedBrooks44
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Quote:
Originally Posted by Mr Jiggyfly View Post
The guy who tried to rob Mcdonalds, got lynched by a patron, then pressed a suit agt. Mcdoanlds because he didn't give up his "right to be safe", even though he was robbing a store, easily wins.
Ah didn't hear about that. Reminds me of the old lady's speech from Liar Liar.

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