The provision that would have protected the Cowboys, the Dallas Mavericks and other sports franchises and businesses from class-action lawsuits was voted down after opponents argued the Legislature should not interfere with ongoing litigation. The Cowboys were sued after a telemarketing company it hired was charged with violating state and federal consumer protection laws. At least two lawsuits are pending in state courts. Without the provision, Rep. Burt Solomons' Texas Telemarketing Disclosure and Privacy Act, which protects consumers from unwanted telemarketing calls, gained preliminary approval. It was scheduled for a final vote Thursday.
Most people are afraid to pick up the telephone.
A provision that was ultimately removed from the bill caused heated debate. It would have prohibited people receiving illegal fax sales solicitations from suing telemarketers and their clients as a group if the lawsuits were filed on or after Jan. 1, 2000. Solomons said the Cowboys asked him to the include the provision in his bill, but argued that the provision also would help protect innocent businesses and groups faced with multimillion dollar class-action suits because they hired telemarketers who broke the law. The Cowboys said in a prepared statement that the team had been victimized by fraudulent marketing practices used by fax broadcast companies. But lawmakers argued that the House floor wasn't the place to try and sway pending litigation.