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]
http://xml.channel.aol.com/xmlpublisher/fetch.v2.xml?option=expand_relative_urls&dataUrlNodes=uiConfig,feedConfig,entry&id=489673&pid=489672&uts=1260390337
http://cdn.channel.aol.com/cs_feed_v1_6/csfeedwrapper.swf
Weirdest Techie Heists and Scams
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Tags: burger king, BurgerKing, cellphone, lawsuit, spam, stupid, sue, texting, top
Comments
163
Subscribe to commentsbcody1944Dec 9th 2009 3:00PM
Unbelievable. Everyone wants to be a "victim" these days. Get a life, lady! Get a whopper! Get a burger AND a whopper! Sheesh!
amoozedDec 10th 2009 1:17PM
While I agree that the most important lesson here is "Do Not give fast food restaurants your phone number" there are some other issues at work here.
Some cell providers sell frequently used numbers or out of system numbers to advertisers. I was in Hong Kong and had to call my office in the states. Before I hung up, I already had a string of text-ads for suits, entertainment, travel, dining, and lodging. Depending on your cell contract, you may be paying for the unsolicited calls and texts.
carltonhilburnDec 10th 2009 1:34PM
this is so crazy i wonder if she works sounds like she didnt finish school how did they get her number did she call and tellthem to stop she should be required to pay everyones salary that is involved in this these kind of cases makes me sick i cant believe the lawyor that would take this case i would really beinterested in findn out and following this case
Information CentralDec 17th 2009 9:29PM
Anyone defending the practice of spamming people's phones is simply a spineless doormat. What's the matter, is the prospect of actually fighting back too daunting for you? But when someone else does it, it makes you feel bad, so you lash out at them.
Grow a nut. While "actual harm" in this case is probably an inflated cell-phone bill, there's no excuse for this behavior. Sometimes you deal with a business that legitimately needs your number. As I mentioned below, what if you take your car in for repair and they need your number to call with an estimate? Then they later spam the hell out of it? Ya like that?
Just because you're too lazy to fight back, don't attack those who aren't. Pathetic ingrates.
justinDec 9th 2009 3:17PM
I hope she wins. Being able to sue a company for spamming sets great precident for us all.
Screw spammers.
Jaguar8450Dec 10th 2009 2:18AM
Not if you give your private cell phone number out to others
Timbo3353Dec 10th 2009 3:37AM
Mark your a prime example of everything that is wrong with America today. You are an uneducated moron.
lybev4Dec 10th 2009 5:51AM
when you set yourself up by giving a company your number, how is it the companies fault for doing what you asked for
everafter1002010Dec 10th 2009 7:27AM
Thats stupid! She said it called her HARM????? wtf. she just wasnts MONEY!
kyleo002Dec 10th 2009 7:45AM
mark your an idiot all you have to do is say you have a private number oh and wait I think there is a word for this just say ughh no? And noone cares if you dont go there.Get a life
bill from san rafaelDec 10th 2009 9:40AM
Right Justin, because an uneducated buffoon like her deserves 5 million dollars for no logical reason, at Burger King's expense, so she can quit her job as a telemarketer or motel housekeeper or do-nothing soap opera watching slacker or whatever the hell she does. Idiotic thinking like yours is what bogs down the legal system and puts needless money in undeserving attorneys' hands.
ghoustonDec 10th 2009 1:29PM
Idiots like you are helping to destray this country. Get a life.
a more sensible worldDec 10th 2009 1:58PM
mochajo79... this article and responses didn't have anything to do with getting calls about not paying bills idiot! if it's related to her not paying bills & needing this money for that... that's not what the article states either. the article didn't even stated what the "harm" was that she endured. it was about this STUPID woman suing and having "harm" put upon her because she was getting texts from burger king. people paying or not paying their bills wasn't the issue. the no call list is a joke but to sue is ridiculous to the core! the legal system is already clogged with stupid law suits but what do you expect she probably needs some christmas money. if it's about principal then the lawsuit should be about a violation of the do-not-call list policy being violated and not money. hell, i should be the one mad because i have (prepaid) tracfone & getting these stupid texts cost me & takes my minutes everytime i got an ad but i stopped most by calling the do-not-call ph#.
ads9935Dec 10th 2009 2:12PM
They aren't spamming her. She gave them her cell number. The company is simply advertising. If she wanted to them to stop all she had to do was notify them. People who sue using these frivilious law suits are keeping the courts busy and lawyers wealthy. Once again, people are too lazy to do things themselves. They want someone else to do the work and make someone else pay. That's why the country's in the toilet. No more personal responsibility.
Information CentralDec 17th 2009 9:22PM
"when you set yourself up by giving a company your number, how is it the companies fault for doing what you asked for"
Think it through, moron. You take your car in for service, and they need your phone number to let you know when it's done. They later use that number to spam your ass to oblivion, not only intruding on you with continual phone alerts but RUNNING UP YOUR PHONE BILL.
Are you going to defend that too?
JCDec 9th 2009 3:32PM
I so hope she wins. First off the no call list is a joke. It will not even slow these jerks down. I do not give my number to anyone I can help, yet they get it anyway. So all you credit card companies beware she wins I'm coming for you.
srfrprincess11Dec 10th 2009 1:22AM
"I so hope she wins. First off the no call list is a joke. It will not even slow these jerks down. I do not give my number to anyone I can help, yet they get it anyway. So all you credit card companies beware she wins I'm coming for you."
And you think suing them will stop them? Obviously, the do not call list didn't work...
mochajo79Dec 10th 2009 9:43AM
Jc said, "I so hope she wins. First off the no call list is a joke. It will not even slow these jerks down. I do not give my number to anyone I can help, yet they get it anyway. So all you credit card companies beware she wins I'm coming for you."
Pay your bills and the credit card companies will not call. You can't sue them for contacting you to collect for a debt you owe. I've never had a credit card company call me to sell me anything. Also, the no call list worked great for me. Oh, P.S. Anyone you OWE a debt to has the right within reasonable measure to try and collect on the debt that you OWE. How about instead of suing and paying a lawyer THOUSANDS, just pay your debt so you won't be harassed by collection agencies? AND SO SOCIETY DOESN'T HAVE TO PAY FOR YOU DEFAULTING ON PAYMENTS. Sounds like a novel idea to me. I don't agree with debtor's prison, but I am tired of society being able to spend thousands of someone else's money and then being able to walk away paying a fraction if any at all because they claimed bankruptcy. It is no wonder our country is in the financial situation it is in. Everyone thinks they can spend someone's money, and then, not have to repay it. CRAZINESS!!!
JPDec 10th 2009 12:29PM
every time someone is successful in this type of suit, the costs are passed on to us as a consumer. It is in all of our best interest for her to get thrown out of court on her whopper.
DYMongooseDec 9th 2009 5:02PM
I hope she doesn't win.
A) It's a stupid lawsuit. There's no way spam texts caused her $5M in actual harm
B) She opted-in to receive the texts when she gave them her number for some silly contest (probably "text whopper to 55545 to win!" or something similar). Maybe now she'll learn to read the fine print.
C) The legal system is backed up enough as it is. Some cases require legitimate attention. Let's not waste anyone's time.
Screw frivolous lawsuits.