February 13, 2019
On February 7, 2019, Plaintiff Michael Seefeldt (“Seefeldt)” commenced a text message lawsuit in the United States District Court for the Eastern District of Missouri. The named defendants are the Outfield Brew House, LLC d/b/a Budweiser Brew House (the “Brew House”) and Entertainment Consulting International, LLC (“ECI”). The Brew House is a sports bar located within the Ballpark Village in St. Louis, which is adjacent to Busch Stadium. ECI is alleged to be the corporate decision maker for the Brew House, with which it shares common ownership, control and/or operation.
The Seefeldt lawsuit is based on alleged violations of the Telephone Consumer Protection Act (“TCPA”), now seeking class action certification. The TCPA prohibits the placing of any telephone call or the sending of any text message, using an automatic telephone dialing system (“ATDS”), to any telephone number assigned to a cellular telephone service, without obtaining the receiving party’s prior express written consent. 47 U.S.C. § 227(b)(1)(A)(iii).
Why did Plaintiff Sue the Brew House and ECI?