3 excess text messages prompt fan to sue Bills

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Like many other Buffalo expatriates who have moved far away from Ralph Wilson Stadium, Jerry Wojcik wanted to stay connected to his hometown Bills.

So earlier this season, the Florida resident signed up for a Bills program that sends fans text messages.

Trouble is, he says, the text alerts became too frequent. So now he and his attorneys are suing the Bills, in the form of a class-action lawsuit, complaining that the team sent him a few extra messages.

In their legal papers, his attorneys claim that after he signed up for a Bills program that pledged to send him no more than five text alerts per week, he instead received six messages one week and seven a few weeks later.

That’s a total of three extra texts, over several weeks.

Some people clearly would label this a frivolous lawsuit.

“I’m just appalled,” a Bills fan with personal knowledge of the case said, before turning sarcastic. “Obviously, he was grievously harmed and is deserving of a pile of season-ticket money.”

Buffalo attorney Thomas H. Burton, who has served as both a plaintiffs’ and defense attorney, sounded concerns about the effect such lawsuits have on public perceptions of the legal system.

“I like to think that the plaintiff attorneys, at least around here, bring these claims when someone has a legitimate and meaningful injury and real damages,” Burton said. “My sense is that as long as you stick to the good substantive cases, citizens and jurors don’t have a bad view of the system.

“I’m not sure suing over text messages fits the bill.”

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http://www.buffalonews.com/apps/pbcs...121119890/1010

Florida is ridiculous when it comes to lawsuits. It's such a plaintiff friendly state that the Plaintiff Attorneys take every case

If this lawsuit doesn't get tossed and Buffalo has to settle, wonder how long it would be before the Bills drop the Text service.

A few things here, Florida allows D-bags to be whom they will be. Another variance is that when someone jams you here, you can get it looked at legally without much debate. I can assure you that from a real estate standpoint, there's been so many tricks played here that everything really needs to be reviewed on all instances. Swampland has been sold here more than not & you not getting updated information updated to current specs equals a huge burn.

You wet the bed here, you're holding legal conference everytime. I've spent more time in court with an angry judge willing to make an emotional decision that stands up more than I'd like, which might seem unfair but after review is really a painful mistake. Try to take a $40 K loss based on improper actions on a common sense search, then you'll say wow how did they miss that.

All that being said, I'd expect an anal Bills fan to get a bag of burning dog-s here plus court costs.

This guy should be ostracized as a Buffalo Bills fan for life...and also be punched in the head and then sued for being an unbelievable douche-bag.

So, he should be ostracized for calling out the rules. This seems fair, in China.

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Originally Posted by MitchMurrayDowntown

So, he should be ostracized for calling out the rules. This seems fair, in China.

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Are you kidding?

How would YOU react if you saw this douchebag sporting his Bills paraphenalia at your local sports bar or at the Ralph trying to root for the Bills? After what he tried to do...

"Calling out the rules?" The guy is SUING the the Buffalo Bills because they sent him THREE text messages too many. If this sounds even half-way reasonable to you...let's just say I'd have a big problem with that. The guy is obviously an ambulance-chasing douche-bag, and his lawyers may even be worse. Fair would be a punch in the head followed by a life-time ban from the Ralph.

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Originally Posted by feldspar

Are you kidding?

How would YOU react if you saw this douchebag sporting his Bills paraphenalia at your local sports bar or at the Ralph trying to root for the Bills? After what he tried to do...

"Calling out the rules?" The guy is SUING the the Buffalo Bills because they sent him THREE text messages too many. If this sounds even half-way reasonable to you...let's just say I'd have a big problem with that. The guy is obviously an ambulance-chasing douche-bag, and his lawyers may even be worse. Fair would be a punch in the head followed by a life-time ban from the Ralph.

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Why reward him?

Seems legit.

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Originally Posted by Dr. Lecter

Why reward him?

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Exactly, punish him with season tickets sitting right next to Ralph.

People that file such frivolous lawsuits such as this should be ordered to repay every penny of the court cost.

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Originally Posted by Dr. Lecter

Why reward him?

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Cute.

This is McDonald's coffee all over again.

Can I sue my previous girlfriends who non-bigoted me up late with random and excess messages too?

Why didn't he just opt of the service... then if the incompentence of the Bills office still sent him "massive amounts of texts" - then try and sue them?

I fully expect either JoeMama in Jacksonville or tampabay25690 in Tampa to drive to his house and punch him in the neck depending on who is closer.

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Originally Posted by BADTHINGSMAN

Exactly, punish him with season tickets sitting right next to Ralph.

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Ralph doesn't go to the games...He is old and greedy, not dumb.

I bet if we were a good team he'd be too distracted to sue.

There are a few things to consider. By the responses, it's obvious that none of you are lawyers. So what is there to 'consider'?
1. What are the damages? Cost of additional messages, maybe he tried to cancel or change plan but had to jump through hoops etc... & Punitive Damages etc...
2. Circumstances: we don't know the whole story. Maybe he asked Bills to pay for their mistake & they told him to F off.

Even when you look at these factors it might not justify a lawsuits however if you multiplied this mistake times 10,000 now it worth it. All of this being said, most large companies do everything in their power to maximize profitability even when faced with high social & human costs, so I have no problem when average people respond in kind.

I'm planning to move to Florida so I can sue the Bills on false advertisement on being an NFL team.

The only ones that win in class action lawsuits are the Attorneys

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Originally Posted by Mike

There are a few things to consider. By the responses, it's obvious that none of you are lawyers. So what is there to 'consider'?
1. What are the damages? Cost of additional messages, maybe he tried to cancel or change plan but had to jump through hoops etc... & Punitive Damages etc...
2. Circumstances: we don't know the whole story. Maybe he asked Bills to pay for their mistake & they told him to F off.

Even when you look at these factors it might not justify a lawsuits however if you multiplied this mistake times 10,000 now it worth it. All of this being said, most large companies do everything in their power to maximize profitability even when faced with high social & human costs, so I have no problem when average people respond in kind.

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I am a lawyer (though not in Florida) and this claim is utterly meritless. What possible damages could he have? Unless he was in rural Afghanistan and got charged some outrageous $5 a message fee or some other equally outlandish situation, then there absolutely nothing to complain about.

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Originally Posted by IlluminatusUIUC

I am a lawyer (though not in Florida) and this claim is utterly meritless. What possible damages could he have? Unless he was in rural Afghanistan and got charged some outrageous $5 a message fee or some other equally outlandish situation, then there absolutely nothing to complain about.

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Explains your ability to critically think.
The only value I see in the case is its potential to become a class action lawsuit. At that point, if you get 1,000 to 10,000 fans suing in the class action the Bills will probably just settle. Even then, the damages per person are so minimal, in my opinion, it's not worth the effort.

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Originally Posted by Mike

Explains your ability to critically think.
The only value I see in the case is its potential to become a class action lawsuit. At that point, if you get 1,000 to 10,000 fans suing in the class action the Bills will probably just settle. Even then, the damages per person are so minimal, in my opinion, it's not worth the effort.

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A class action is truly the only way to make this serious, but I think you'd be hard-pressed to find enough people who were actually damaged to justify it.

Looking at the Bills text alert policy on their website:
http://www.buffalobills.com/about-us...ml#text-alerts

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Terms & Conditions of Bills Text Alerts, Powered by Verizon Wireless:
To opt in, text BILLS to 64621
Get up to the minute news and team alerts sent directly to your phone! You will be opted in to receive up to 5 messages per day. Msg&data rates may apply, Text HELP for help. Text STOP to cancel. Contact the guest service department at 1-877-BB-TICKS with issues. Privacy Policy

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Originally Posted by The Original post

In their legal papers, his attorneys claim that after he signed up for a Bills program that pledged to send him no more than five text alerts per week, he instead received six messages one week and seven a few weeks later.

That’s a total of three extra texts, over several weeks.

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Unless their policy changed, he's completely sunk.