DLA Piper has successfully acted for the Los Angeles Lakers in a putative class action brought by a ticket holder accusing the basketball franchise of sending unsolicited text messages.
Judge George H Wu of the US District Court for the Central District of California ruled that the text message that plaintiff David Emanuel allegedly received was not actionable under the Telephone Consumer Protection Act (TCPA) because the plaintiff voluntarily provided his phone number.
Judge Wu dismissed the lawsuit with prejudice, ruling that the plaintiff expressly consented to receiving a text from the team by first texting the Lakers a message that he hoped would appear on the Staples Center scoreboard.
Adopting a ‘common sense’ application of the TCPA, the court held that the text message the plaintiff received in response to his initial text message was not actionable under the TCPA.
The DLA Piper team representing the Los Angeles Lakers was led by Perrie Weiner and Joshua Briones and included Esteban Morales and Ben Turner.