So the NBA is right in the middle of its playoffs but they will have to play defense on a whole different level.
A consumer named George Head who resides in Orange County, California has sued the NBA claiming it continued to send him marketing SMS messages even after he requested they stop.
The allegations here are pretty thin but here is what he claims:
On or about November 29, 2025, Plaintiff requested to opt-out of Defendant’s text
messages by replying with a stop instruction.
Defendant ignored Plaintiff’s request and continued text messaging Plaintiff,
including, but not limited to, on or about December 15, 2025.
Overall, Defendant sent Plaintiff more than one marketing text message after
Plaintiff’s initial stop request.
The purpose of Defendant’s text messages was to solicit the sale of consumer goods,
services, and/or properties
Ok.
We have been seeing a ton of these revocation cases lately– something EVERYBODY needs to be VERY aware of since consumers do NOT just need to reply “stop” to effectuate an opt out.
The Plaintiff contends the messages demonstrate the NBA lacked the formal written internal DNC policy required by the TCPA.
On the basis of these rather thing allegations Plaintiff seeks to represent a class of:
All persons within the United States who, within the four
years prior to the filing of this lawsuit through the date of
class certification, received two or more text messages within
any 12-month period, from or on behalf of Defendant,
regarding Defendant’s goods, services, or properties, to said
person’s residential cellular telephone number, after
communicating to Defendant that they did not wish to receive
text messages by replying to the messages with a “stop” or
similar opt-out instruction
You can read the whole complaint here: NBA Complaint
Shouldn’t be too hard to shake this one, assuming the NBA has the written policy required by the TCPA regs. If they don’t, however, the NBA could find itself in a catastrophic situation.
If YOU need help making sure you have all the TCPA policies and procedures you need–and that they are up to date with all the new changes out there– be sure to give Troutman Amin, LLP a ring to discuss.
And if you’re not FULLY up to date on the rules around SMS revocation you REALLY need to give us a call.
Chat soon.
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Certainly, they will have no trouble slapping together some vague paper titled Do Not Call Policy, backdating it, and claiming that they had it all along. After all, TCPA violators would never lie.