Fan sues Penguins over texts

Updated: June 1, 2012, 12:54 AM ET
ESPN.com news services

A fan is suing the owners of thePittsburgh Penguins because the team sent him more text alerts than he agreed to in the terms and conditions.

The class-action lawsuit says the team violated the Telephone Consumer Protection Act, which prohibits unsolicited text messages, because the Penguins website said subscribers would receive no more than three texts a weeks about breaking news.

The plaintiff alleges in the complaint that he received about five texts from the team in the first week and four in the second week.

The lawsuit says members of the class were "subjected to the aggravation that necessarily accompanies the invasion of privacy caused by unsolicited text message calls" and "also because consumers frequently have to pay their cellphone service providers for the receipt of such wireless calls."

The suit asks the court for unspecified damages and an injunction to keep the team from texting more than three times a week.

The suit was obtained by the Courthouse News Service.