A federal court in California has been asked to certify a class action against the National Basketball Association after a consumer in Orange County alleged that the league kept sending promotional text messages even after he asked to stop.
George Head said he opted out of NBA text communications on November 29, 2025, only to receive another message on December 15, 2025, and several others thereafter. The messages, which were aimed at selling goods, services or property, continued despite his request.
Head contends that the league’s conduct violates the Telephone Consumer Protection Act, which bars companies from using automated systems to deliver marketing texts to numbers on a do‑not‑call list unless they have a clear, written internal policy governing such opt‑outs.
The Legal Landscape of Text‑Message Marketing
The crux of the case hinges on whether the NBA maintains a formal, written Do‑Not‑Call policy as required by the Federal Communications Commission’s rules. Without such a policy, the plaintiff argues, the league cannot demonstrate compliance and should be held liable for each unwanted message.
Legal experts note that the outcome could set a precedent for how sports organizations and other marketers handle text‑message campaigns, especially as consumer awareness of privacy rights grows.
What the TCPA Requires
Under the TCPA, a company must have a documented procedure that instructs staff to honor opt‑out requests immediately and to retain records of those requests. The policy must be distributed to all employees who handle consumer communications.
While many large corporations have adopted such policies, the NBA has not publicly disclosed a written DNC framework. The plaintiff’s complaint suggests that the absence of a formal policy may have enabled the continued messaging.
If the court finds that the league failed to meet the statutory requirement, it could open the door to similar suits across the sports industry, forcing teams and leagues to audit their marketing practices and implement robust compliance programs.
The case is being watched by both regulators and industry groups, who warn that a ruling against the NBA could reshape the landscape of mobile marketing, compelling companies to treat text‑message opt‑outs with the same rigor as phone‑call do‑not‑call requests.