As if it wasn't bad enough that they're 3-6 and last place in the AFC East, now the Buffalo Bills may have a lawsuit on their hands.
The Buffalo News is reporting that Jerry Wojcik, a Bills fan living in Florida, is suing the club after receiving excessive text messages.
In legal filings obtained by the News, Wojcik's lawyers claim he visited the team's website in September and saw an advertisement for text messages from the team. According to court papers, the program's terms were as follows:
"Get up to the minute news and team alerts sent directly to your phone! You will be opted in to receive 3-5 messages per week for a period of 12 months."
A few weeks after signing up for the messages, Wojcik received six messages in one week. Then, during a seven-day span in October, he received seven messages in a week. This amounts to a total of three extra text messages.
A lawsuit filed in the U.S. District Court in the Middle District of Florida claims the excessive tests were made without the consent of those who signed up for the program and are in violation of the Telephone Consumer Protection Act. It is unclear how many people had signed up for the text messages, and how many would be willing to join in on Wojcik's class-action lawsuit.
"We have a defendant who appears to have violated a federal law on multiple occasions, affecting thousands of people," Wojcik's attorneys, Scott D. Owens and James S. Giardina, wrote to the News. "Whether you are a fan of the Bills or not, no one should spam their customers. The [Telephone Consumer Protection Act] has been on the books for more than 20 years. The Bills either knew or should have known that they were breaking the law.”
Michael Schiavone, an attorney at Lipsitz Green Scime Cambria who's representing the Bills, said the intent of the law was to protect against unwanted and unsolicited means of communication.
"Clearly, that’s not what happened here," Schiavone told the News.
Wojcik is seeking damages of $500 per excessive call for negligent violations and up to $1,500 per call for willful violations. Depending on how many people join in on the lawsuit, that could add up to thousands of dollars should the Bills be forced to pay.
(H/T to Game On!)
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