A RATHER astute American football
fan has taken the Buffalo Bills to the cleaners after the team
over-delivered on its text messaging promise.
The Bills will pay up to $3 million to settle a class-action
lawsuit that accused them of sending too many text messages to fans who
signed up for the service.
Bills fan and Florida resident Jerry
Wojcik alleged the team violated the terms of its text service by
sending him 13 messages over a two-week span when it promised to send no
more than five a week.
The lawsuit was panned as frivolous by some sports fans, media commentators and legal experts.
But,
silly as it sounds, a settlement was filed last week in federal court
in Tampa, Florida, in which the Bills agreed to provide up to $2.5
million in debit cards to people who had signed up for the text service,
along with $562,500 to Wojcik’s lawyers and $5,000 in cash to Wojcik.
The fans who received more than five text message alerts in a week
will be given a total of $2,497,745 in the form of debit cards.
They can be used at the Bills store at Ralph Wilson Stadium in Orchard Park or online at the team’s website.
They can’t be converted into cash.
The
cards are worth $57.50, $65 or $75, depending on which tier a fan is
assigned to, and the Bills said in a legal filing that an estimated
39,750 phone numbers had been registered through the now-defunct
text-messaging service.
As part of the settlement, the Bills
promised to put in “safeguards” to ensure any new service abides by
limits set by the team on the number of messages.

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