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Woman Sues Burger King For Texts About Shakes and Whoppers
Ah, the American legal system, affording every red-blooded citizen the right to sue every other red-blooded citizen for the most inane reasons. According to the Miami New Times, Florida woman Elizabeth Espinal filed a lawsuit in April against Burger King, alleging the fast-food giant flooded her inbox with spam text messages. She claims the texts, which were first received in April 2008, caused her "actual harm," and she wants $5 million for her troubles.
While annoying, the texts hardly seem injuring. Miami New Times News reports one read, "Kick it up a notch with a loaded steakhouse burger. Try one today at BK." Another encouraged the woman to try a drink, "Stop by BK for a refreshing Mocha BK Joe Iced Coffee. A perfect mix of rich coffee and chocolate syrup." While text message spam may be slightly more obnoxious than similar messages flooding e-mail inboxes, suing seems rather extreme, especially with other options at this woman's text-phobic fingertips.
To avoid these kinds of texts (and unnecessary lawsuits), sign up for a do-not-call list or contact your service provider to block the number. Or just refrain from giving fast-food chains your cell number. [From: The Miami New Times, via: Textually]
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Comments
163
Subscribe to commentsepcthreeDec 10th 2009 4:57PM
While I agree that this lawsuit is indeed ridiculous, there is one aspect about this situation that has ALWAYS bothered me.
Under no circumstances should a consumer be charged for a "transaction" (incoming text or call) over which they have no control. Can you imagine the concept of being charged on your land line for an incoming call? That's why they are called "Collect Calls" and you are required to approve them before you are charged.
Wireless providers should not be allowed to charge any consumer for these types of transactions. Period.
DavidDec 17th 2009 8:50AM
no one even knows what the harm is, and plus an attorney in most cases wouldnt put in a case if they had no leg to stand on.maybe she crashed or sumthin, there could be a number of reasons a cell phone could have caused harmed 2 her. Its not illegal in the state of florida to use a phone while operating a motor vehicle, maybe she was mentally challenged and got a cold meal then got another text, got mad and threw her phone and a button shot back and hit her in the eye. i dunno or she was comin down off a cheeseburger high, then went back for another one and the refused to serve her cause they closed two mins ago and then chucked her phone at the first window and crashed into the second one in her Hoop D ville and then it caused her emotional distress be cause her grandmother say the car when she got home and said"get the heck off my property and never come back" cuz she was so mad cuz the car is irreplaceable its been in tha family for so long.im just sayin u never know, look at the chick from mcdonalds, she spilled coffee on her lap or burnt her mouth and she claimed she could not please her husband, and she won, and mc donalds coffe is still burnin hot like and other good cup of coffe, hell theyve got an endless supply off customers and with that comes the money, 5 mil is chump change to a fast food chain. if u put it in their eyes shes not askin for much, but to the average joe like myself it could set me free. and if shes got a bad enough reason to where that it could put a lil dent in their reputation/buisness due to the high population of judgemental people around. its cheper just to give the 5 mil to Her. and im sure burger kings attorney charges a pretty penny for his/her services.
IRVINGMDec 18th 2009 11:50PM
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