Class Action Lawsuit Claims NFL Enterprises Sent Spam Texts

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A consumer claims in a proposed class action lawsuit that NFL Enterprises illegally sent her unsolicited text messages, even after she asked that the messages stop.

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The 13-page case says that the plaintiff received in September 2023 an unwanted text message from NFL Enterprises urging her to use its YouTube and YouTubeTV channels to catch out-of-market games. 

Although the woman asked the defendant to no longer contact her by replying “stop” to the texts, she nevertheless received two more promotional text messages from NFL Enterprises in the following days, the lawsuit claims.

According to the filing, the plaintiff repeatedly requested to opt out of the company’s solicitations but continued to receive several text messages throughout October and November 2023.

The case alleges that NFL Enterprises’ refusal to honor consumers’ opt-out requests demonstrates its failure to maintain an internal do-not-call list, in violation of the Telephone Consumer Protection Act (TPCA). Per the complaint, the defendant was also required under the TPCA to implement a written policy for keeping a do-not-call list, and to train its telemarketing employees to adhere to it.

The plaintiff also claims NFL Enterprises sent her unsolicited text messages even though her phone number had been listed on the National Do-Not-Call registry since August 2023. The TCPA explicitly prohibits companies from initiating telephone solicitations to phone numbers on the registry without first obtaining consent, the filing says.

“Upon information and belief, [the defendant] has placed automated calls and prerecorded messages to cellular telephone numbers belonging to thousands of consumers throughout the United States without their prior express consent,” the suit contends.

The complaint argues that the defendant’s spam text messages are an “inconvenience,” “invasion of privacy,” and an “annoyance” to recipients like the plaintiff.

The lawsuit looks to represent anyone in the United States who, within the past four years, was sent a text message from NFL Enterprises, or anyone on its behalf, to their residential telephone number regarding the company’s goods, products or services after making a request to not receive future text messages.

The suit also seeks to cover anyone in the United States who, within the past four years, had their telephone number listed on the National Do-Not-Call registry for at least 30 days and received more than one text message within any 12-month period regarding NFL Enterprises’ property, goods, and/or services, did not do business with the defendant during the 18 months immediately preceding the date of the first message, and did not contact the company during the three months immediately preceding the date of the first message with an inquiry about one of its products, goods, or services.

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