Jerry Wojcik sued the Buffalo Bills for sending 6-7 text messages a week while it was reported that there were no more than 5.
Rugby seems to be part of American culture. In famous football teams in America, Buffalo Bills is a name that many people mention.
Forbes reported that Jerry Wojcik visited the Buffalo Bills website to watch news about his favorite football team. He reads the ad and is told he can receive weekly news about the team via text message. Jerry Wojcik follows the instructions to register to use the service.
Jerry Wojcik suddenly filed a class-action lawsuit with the Buffalo Bills team in the Central Florida district court. The lawsuit said the club’s website not only sends no more than 5 news per week. Jerry Wojcik received 6 news. For several weeks in a row, Jerry Wojcik received 7 messages. The lawsuit alleges that the Buffalo Bills team sent thousands of messages in violation of the Mobile User Protection law.
In addition, Jerry Wojcik said that Buffalo Bills’ text message caused real damage to consumers. Not only did they suffer frustration, they also lost money to the network operator. The messages from the Buffalo Bills team drain the phone battery, waste memory space, and violate user privacy.
The lawsuit requires the court to force Buffalo Bills to terminate the entire violation, pay $ 500 for every message of unintentional violation, $1,500 for each willful violation, and pay attorney fees for the original.
The Buffalo Bills team then asked the court to dismiss the lawsuit, arguing that there was no common point between the Buffalo Bills telemarketing service subscriber to qualify for a class action. The court disagrees with Buffalo Bills and requires both parties to mediate before trial.
After a period of intense negotiation, finally, on January 14, the two sides reached a mediation agreement and approved by the court.
Accordingly, Buffalo Bills agrees to set out many methods to control the sending of spam messages, not to let this situation happen again in the future. In addition to non-material remedial measures, the mediation agreement also recognizes that the defendant will set aside a mediation fund worth approximately $ 2.4 million. Depending on the extent of being affected by spam text messages, plaintiffs are entitled to compensation in the form of payment cards with 3 rates of 57.50 USD, 65 USD, or 75 USD. These cards are not redeemable for cash and can only be used when making purchases at the Buffalo Bills official website, but the cardholder reserves the right to donate or resell.
Every individual living in the US who has registered the service to receive text messages from Buffalo Bills and has to receive more than 5 messages every week from this team can submit a compensation to the fund manager.
Jerry Wojcik is entitled to 5,000 USD for his role of representing the entire group of plaintiffs. In particular, Buffalo Bills also agreed to pay the attorneys’ fees to the plaintiff, a total of $562,500, accounting for 22.6% of the total amount of compensation.