Two California Residents Sue Twitter for Unsolicited Text Messages
We don't run a feature called "Quirky Lawsuit of the Month," but if we did, two California residents who decided to sue Twitter for sending an SMS notification after they withdrew their consent would be a shoe in. Hear us out on this one. It's not that we have a problem with punishing companies that blatantly ignore opt-out requests, but that isn't what happened here.
What Drew Moss and Sahar Maleksaeedi are purportedly peeved about is that Twitter sent a confirmation SMS to their mobile phones after they sent a 'STOP' command to the microblogging service, TechCrunch reports. As these two gentlemen see it, receiving a confirmation text after telling Twitter they no longer wish to engage in text messaging is a violation of the Telephone Consumer Protection Act of 1991. Here's how it's worded in the lawsuit:
"At some point Plaintiffs decided that they no longer wanted to receive text message notifications on their cellular telephone from Defendant.
"Plaintiffs then responded to Defendant’s last text message notification by replying 'stop,' as instructed by Twitter.
"At this point, Plaintiffs withdrew any express or implied consent to receive text message notification to their cellular telephone that they may have previous given Twitter.
"In response to receiving this revocation of consent, Defendant then immediately sent another, unsolicited, confirmatory text message to Plaintiffs’ cellular telephones."
Sounds like a load of bull, but to be fair, here's the other side of the story. Moss and Maleksaeedi claim Twitter used an "automatic telephone dialing system" to deliver the message, and as a result they incurred a charge for incoming calls. Since the message wasn't sent for emergency purposes and they had previously withdrawn their consent, the two men claim what Twitter did was illegal and seek up to $1,500 in damages for each call.
Grab your gavel and give us a ruling on this case in the comments section below.
Comments
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Vad3K
May 02, 2011 at 7:47pm
Technically the 2 individuals are correct.
However, since we are humans and not robots, they should instead stop whining (schwarzenegger accent) and go something productive for the humanity.
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fung0
May 02, 2011 at 1:25pm
> It ranks up there with the the lady who sued McDonalds for not telling her the coffee was hot.
That coffee story has been built up mainly by the insurance industry to further its own ends ("tort reform"), and has been thoroughly debunked. See the documentary "Hot Coffee," for starters.
Or better yet, just use your common sense. Nobody sues a company with the resources of McDonald's or Twitter unless they're sure their case is so overwhelmingly just that it will stand up to assault by an army of the best lawyers corporate money will buy. (You really think those poor, picked-on companies also need YOU to stand up for them?? ROFLMAO.)
There's usually also a larger principle at stake. In this case, that's obvious: when a consumer says "no" it means "NO!" and corporations are not free to add their own interpretation. Personally, I think I'd like to hear a court say that.
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Joe2.0
May 01, 2011 at 10:09am
So sick of people trying to make money using the legal system. I SO hope this is case is thrown out just to keep other stupid people from trying the same.
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TRYER
May 01, 2011 at 9:17pm
Just don't let the Judge throw out the case. Get the Judge to fine them, for wasting the courts time.
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pastorbob
May 01, 2011 at 5:36am
It ranks up there with the the lady who sued McDonalds for not telling her the coffee was hot. No wonder the number of lawyers per capita in this country exceeds most of the nations in the world. Idiotic!
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warptek2010
April 30, 2011 at 4:08pm
Gotta side with plaintiffs on this one except for one thing... they should be sueing their phone company instead of twit for participating in anti-competive pricing. Charging for texting is so nickel and dime these days...
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Ghok
April 30, 2011 at 12:51pm
Once I came close to the US border and was sent a text from my cell phone company welcoming me to the US. They of course charged me roaming fees for the text. I phoned them up and they reversed the charge, but it was a pain in the ass.
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orca11
April 30, 2011 at 11:40am
I'm with aarcane on this one. It's a standard practice, but if they're really sutbborn, give then actual damages and be done with it. That works out to nothing for most people since they have text plans, but may be 10-50 cents each.
Hopefully they got cheap lawyers.
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Msater
April 30, 2011 at 10:21am
I think the court should revoke their phone privileges for being such dumb a****s
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aarcane
April 29, 2011 at 4:38pm
Damages, at best, should be awarded. in the amount of the cost of the incoming messages at the plaintiff's current SMS rate. What's the current going rate for an expensive, not-on-an-sms-plan message these days? 40 cents? At the same time, the plaintiff's should realize that a confirmation message is a COURTESY, and we do try to make a point of not suing people who are courteous toward us.
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someuid
April 29, 2011 at 3:20pm
Huh? I don't get it. They claim they received an unwanted SMS, but then claim they received a message from an automatic telephone dialer. Which is it? A phone call or an SMS message?
While I agree some places will send you several messages to bug you to reconsider, I don't think Twitter did that. They just confirmed their request. What else are they supposed to do? I'd much rather have a confirmation message, once, vs wonder if they received my messgae, only to find out they didn't and are still bugging me.
I think these guys are bored and looking for 15 minutes of fame and money to cover rent for a few months. Clowns. Surely there is something better the courts could be spending their time on than this.
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ChyITGuru
April 29, 2011 at 2:07pm
Wow! I thought i have heard it all, i guess i better find an attorney and sue every company that ever sent me a confirmation text after i opted out. I'm going to be rich!!!!! Stupid People!!!!!!
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