Tampa Bay Rays and TCPA Class Action Dismissal Attempt

  • Written by Marlee Waxelbaum, Amy Pritchard Williams and David M. Gettings for Mondaq

phoneOn November 20, the Middle District of Florida largely allowed a putative Telephone Consumer Protection Act class action against the Tampa Bay Rays to continue, granting in part and denying in part the baseball team's motion to dismiss plaintiff Chad Fernandez's complaint.

Fernandez's TCPA class claims are premised on text messages allegedly sent to him via an automatic telephone dialing system (ATDS) without his prior express consent.  Initially filed on September 11, 2018, the lawsuit asserted claims for both negligent and willful violations of the TCPA premised on the Rays' sending of four texts to Fernandez related to Opening Day and other various promotions.

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