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June 7 — A mobile phone owner June 7 filed a class action against CBS Radio Inc. for allegedly sending text messages containing sports scores without prior consent in violation of the Telephone Consumer Protection Act ( Bonin v. CBS Radio, Inc., E.D. Wis., No. 16-cv-00674, complaint filed, 6/7/16 ).
As many sports fans clamor to their mobile phones and Internet-connected devices to obtain scores as fast as possible, one consumer had enough and decided to fight back.
According to the complaint filed in the U.S. District Court for the Eastern District of Wisconsin, CBS Chicago and its radio station, 670 The Score, sent text messages containing scores of various sporting events, including the Super Bowl, to the plaintiff's mobile phone without her express consent.
The TCPA, 47 U.S.C. § 227, prohibits the use of automated telephone dialing systems without consumers' prior express consent to receive unsolicited text messages. Here, at no time did the plaintiff provide the mobile phone number to CBS Radio nor does the plaintiff have any “interest in Chicago sports,” the complaint said.
Alleging actual damages, the complaint said that each message cost the plaintiff “0.3 minutes” of the mobile phone's text allotment.
Plaintiff Elaine Bonin is seeking statutory damages of $500 for any negligent violation and $1,500 in treble damages for any wilful or negligent violation of the TCPA.
Ademi & O'Reilly LLP represents Bonin. Counsel for CBS Radio couldn't be immediately identified.
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Full text of the June 7 complaint is available at http://www.bloomberglaw.com/public/document/Bonin_v_CBS_Radio_Inc_Docket_No_216cv00674_ED_Wis_Jun_07_2016_Cou.
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