FROM MIDDLE AGED CARDIO TO FEDERAL COURT: Pickleball Just Got Served by Serial TCPA Plaintiff Diana Mey

We’ve reached full societal collapse when the same people who complain about kids playing loud music are out here blasting unsolicited texts about a paddle “sport” named after a cucumber.

Apparently while the rest of us were trying to avoid the relentless soundtrack of middle-aged cardio meets plastic ball, some bright guy thought the best way to market a pickleball tournament was through unsolicited text blasts to numbers on the National Do Not Call Registry. Because nothing says “good marketing strategy” like violating the TCPA and the West Virginia Consumer Credit and Protection Act (“WVCCPA”) – all in the name of promoting pickleball. Now if Spartan Race was sending unwanted text, that might actually qualify as community service.

But out of all the things to get yourself in TCPA trouble over, you chose pickleball?

But I digress.

In Mey v. Pickleball Showdown, LLC, filed in the Northern District of West Virginia, Plaintiff Diana Mey alleges she received marketing texts from “Pickleball Showdown” marketing an event at “Pickleball Harbor” without her consent – which yes is somehow a real place, because apparently the universe just keeps finding new ways to disappoint us.

Diana Mey alleges she not only responded “STOP” to the marketing message but also sent an email to the contact email on Pickleball Showdown’s website noting her number is on the DNC registry and requested information as to how Pickleball Showdown received her number. She allegedly received no response.

She also alleges the text messages failed to identify the entity on whose behalf they were sent and did not include any “opt out” instructions – though subsequent texts stated:

On this basis, she alleges Pickleball Showdown violated both the TCPA and WVCCPA and seeks $1,500 and $3,000 per violation, respectively.

Under the WVCCPA, telemarketers are prohibited from engaging in abusive, deceptive, or unfair calling practices – including contacting numbers on the national DNC registry, failing to identify themselves, or placing repeated or harassing calls or texts. Specifically  §46A-6F-601 bars telemarketing conduct that a reasonable person would find annoying, abusive, or harassing. Each unlawful call or text can trigger statutory damages of up to $3,000 per violation. Diana Mey, of course, is no stranger to the WVCCPA.

The only thing more annoying than a pickleball rally might be a TCPA complaint filed against you by Diana Mey. Anyway, give me a call, Pickleball Showdown, LLC – maybe Troutman Amin, LLP can save you from both this TCPA suit and this terrible “sport”.

xoxo

Queenie