Hutt, Hutt…..Text…Sue!

By: Michael Seinberg

Everyone knows that football fans can be, well, fanatic. Now a Buffalo Bills fan living in Florida has brought a fresh level of enthusiasm to the table in the form of a lawsuit. But the nature of the suit really makes you stop and wonder if either the plaintiff or his attorney might have taken one too many hits to the head.

Plaintiff Jerry Wojcik and his lawyers claim that on September 12, while visiting his favorite team’s website, he read an ad for receiving texts from the Bills. Being an avid fan, he opted in to receive “3-5 messages per week for a period of 12 months.” With me so far?

By the second week, things became a living nightmare for our fan. He received six text messages! That’s right, one over the limit. However, he took a breath and just figured it was a fluke. Then, a couple weeks later, he got seven texts. Oh no! His world rocked on its edges, and Wojcik knew there was only one solution. Order Buffalo wings and beer? Nope, file a lawsuit because his beloved Bills were in violation of the Telephone Consumer Protection Act.

His lawyers quickly saw the dollar signs and realized that other fans, too, must have suffered grievous harm from the extra messages. The class action suit is seeking $500 per excessive call for negligent violations and up to $1,500 per call for willful violations. Now multiply that by each fan on the text message list, and don’t forget to give at least a third to the attorneys. I’d say the only thing excessive here is the greed of Wojcik and his lawyers. If the texts were such an issue, then why not just go back to the website and opt out?

People need to stop suing for every perceived issue that comes into their lives. The courts get clogged, we all pay, and nobody but the trial lawyers win. Of course, the fact that Wojcik chose to sue a team that’s 1,500 miles away says something about motive and guts.

Let’s face it, this guy is lucky he isn’t still living in Buffalo because if true fans got wind of this, he’d be coated in wing sauce and feathers and run out of town. Of course then he’d probably sue the makers of the wing sauce…

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