Re: 3 excess text messages prompt fan to sue Bills
Quote:
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.
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.
Re: 3 excess text messages prompt fan to sue Bills
Quote:
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.
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.
Re: 3 excess text messages prompt fan to sue Bills
Quote:
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.
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
Quote:
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
Quote:
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.
Unless their policy changed, he's completely sunk.