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DATE News (chronologically)
08/12/11
nascar
NASCAR hit with class action lawsuit  A class action lawsuit has been filed against NASCAR over claims that a text message promoting coverage of the 2011 Daytona 500 on Sprint phones violated the Telephone Consumer Protection Act.

The lawsuit, filed in U.S. District Court in California, was one of three filed Wednesday by the San Diego law firm Hyde & Swigart that focuses on texts that allegedly violated the law. The National Football League and GameStop also were subject of lawsuits.

The unsolicited text in question was one that was sent Feb. 19 to California resident Badie Jaber that said: “FREE NASCAR Sprint Cup Mobile lets you watch the action from Daytona live on your phone. Download now: http://sprint.us/nascar Reply END to stop”

That text message was placed from an automatic telephone dialing system that violated the law, the lawsuit alleges. A follow-up text notifying Jaber that she had been removed from the list also was illegal, the lawsuit states.

NASCAR spokesman David Higdon said NASCAR did not send the texts in question.

“NASCAR has yet to be served for the suit, and to my knowledge we haven’t heard from the plaintiff nor her representative,” Higdon said. “We don’t engage in this type of text campaign and did not send out the alleged text. Scenedaily.com

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