A Piece I Recently Had Published in “Law Technology News”

Texting Dilemma for Reality TV

Recent settlement concerning fees to text voting may present challenges for TV competitions.


The September settlement of Glass v. NBC Universal, Inc., et al.should prompt businesses to re-evaluate using, as a method of sweepstakes entry, text messages that require payment of premium fees in addition to standard text messaging fees charged by wireless carriers.

This settlement, which was approved by a federal district court in California on Sept. 19, 2011, will require Fox Broadcasting Company, NBC Universal, and numerous other companies that produce reality television shows — including “American Idol” and “Deal or No Deal” — to refund 99-cent premium text message fees paid to these defendants by millions of unsuccessful sweepstakes entrants, and pay more than $5 million in attorney’s fees.

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