Fan suing Pittsburgh Penguins for texting him too much

From the frivolous lawsuit stories you just can't make up department, we present you this story.

A California man, and presumably a Pittsburgh Penguins fan, is suing the Pens for texting him too often. No really, he signed up with the team's text-alert program and got a little more than he bargained for. And by a little I really do mean a little.

The texts, which disseminate news of player trades or perhaps promotional offers, basically anything that would interest a big fan of the team, were not supposed to exceed three per week. That's what the conditions for the text program say.

The problem? He received five texts one week and four another. Oh, the humanity!

Thanks to The Consumerist which dug up the lawsuit, here's what the complaint contains.

By exceeding the authorized limits on weekly text message calls made to Plaintiff ... Defendant has caused Plaintiff and the other members of the Class actual harm, not only because they were subjected to the aggravation that necessarily accompanies the invasion of privacy caused by unsolicited text message calls, but also because consumers frequently have to pay their cell phone service providers for the receipt of such wireless calls.

OK, first of all I don't feel much sympathy for the defendant who willfully signed up for the program to start with. You want Penguins news and information, well then why are you going to complain if you get even more Penguins news and information?

Then what about busy weeks like, say, the trade deadline? If the Penguins make three or four trades alone that week, aren't you going to want to know about them? If they don't send a text letting you know Jordan Staal was (hypothetically) traded, you are going to think the service stinks.

Third, who has a cell phone plan that doesn't include texts anymore?

What gets me is that if the defendant were really that irritated by the texts, why not just unsubscribe from the service? Alright, I know the answer to my own question there and it's the "unspecified damages" the plaintiff wants in return. There's the rub.

This is the type of suit that drives me up a wall and I really hope that this case is dismissed faster than a James Neal shot off an Evgeni Malkin faceoff win.

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