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‘No’ meant no, but NASCAR didn’t listen, lawsuit says

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A class-action lawsuit has been filed against NASCAR, alleging that the company sent unsolicited text messages, Mobile Marketer Daily reported. The plaintiff in the case argues that she never asked to receive text messages from NASCAR and that the company sent her an unsolicited message earlier this year advertising a mobile application that would enable her to watch races on her handset. The suit is the latest example of marketers running into trouble by not gaining proper consent for their mobile messaging strategies. The plaintiff claims that when she replied to opt out of receiving any future messages, NASCAR sent her a second unsolicited message confirming the opt-out. If the suit is successful, damages could reach $5 million, Mobile Marketer Daily said.