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April 30, 2013 / Alison Wilson

Lakers Sued in Class Action Lawsuit Over Text Messaging

David Emanuel, a Lakers fan and  ticket holder, recently filed a text spam class action lawsuit alleging that the Lakers violated the Telephone Consumer Protection Act (TCPA) by sending him unsolicited text messages.  The TCPA restricts the use of telemarketing and the use of automated telephone systems.  The TCPA also applies to limit the use of telemarketing through text messages.

Emanuel claims that in October 2012, he responded to an advertisement at a Lakers game which encouraged fans to send a text message if they wanted a personal message to appear on the big screen at the Staples Center.  Emanuel sent a text and immediately received a text response from the Lakers thanking him for his text and encouraging him to send more.  Emanuel responded with a “STOP” text but immediately received another text from the team.

In March 2013, legal counsel for the Lakers claimed they were framed and that Emanuel only filed TCPA allegations after consulting with attorneys.  The Lakers allege that Emanuel’s attorneys goaded him into initiating a text to the Lakers, but Emanuel vehemently denies that allegation.  In fact, Emanuel says that he only reached out for legal representation after the Lakers texted him. The Lakers brought a motion to dismiss the case, but it was denied.

If you’ve received unsolicited texts or automated messages from a company or business, you might have a TCPA legal claim, contact Khorrami, LLP for a free and confidential consultation.

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