Thursday, December 10, 2009

Elizabeth Espinal Wants To Hit Spammers Where It Counts, In The Pocketbook!


Can you blame her? After all, unless you have an unlimited plan, text messages cost money. They can also be disruptive and annoying. So why the outrage when Elizbeth Espinal sues Burger King? Espinal filed a lawsuit against Burger King in April alleging that Burger King flooded her cell phone with annoying spam text messages. Miami New Times.


Elizabeth Espinal claims that she started receiving the annoying texts in April 2008. The plaintiff alleges "actual harm" and requests $5 million in compensation. Therein lies the rub. While most of us support stopping spam of any nature, the amount of money sought seems a bit high. One of the texts allegedly read: "Kick it up a notch with a loaded steakhouse burger. Try one today at BK." Another said, "Stop by BK for a refreshing Mocha BK Joe Iced Coffee. A perfect mix of rich coffee and chocolate syrup." Granted, not real offensive messages. However, spam flooding e-mail inboxes, text messages and blogs is getting out of hand. Something needs to be done to ground the spammers.


Rather than filing a million lawsuits, Legal Pub suggests that the consumer begin by signing up for a do-not-call list. You can also call your cell phone service provider and ask to block any number which provides spam. And perhaps most of all, don't provide fast-food chains or other advertisers your cell number. For more, read The Miami New Times.

11 comments:

Anonymous said...

Thanks for the no call list!

Blond Bombshell said...

Can I prevent Paparazzi with the no call list. LOL.

Shell

Anonymous said...

I can hardly believe the legal advice from the "Legal Pub" on fighting spams was signing up the no-call-list.

It doesn't work. It never worked and it will not work in the future, until Business who use spam as a marketing strategy be punished big time. The no-call-list is a 'paper tiger' with no teeth. Business knew this, and they would just ignore it. For many, actually, the list is a good place to find out numbers to call.

Legal Eagle 7 said...

The no call list is a start. I have found it to be effective. IF it doesn't work, try sending the spammer a bill for your time. If all else fails, sue the spammer.

Dollar Bill said...

Elizabeth just needs to survive summary judgment. If she can get to a jury, $$$$ will follow!

Dollar Bill

marry said...
This comment has been removed by a blog administrator.
Legal Eagle 3 said...

Wait until Spammers get our bill. Our time at $350 an hour will add up real quick if Spammers continue to post!

Video Guy said...

I have used the "do not call list" and it did help, but some companies do not honor it and do not care to...these are the ones that need to be hit big-time with Large lawsuits to punish them.

Legal Pub said...

I agree. I want to start a class action suit against spammers too!

Anonymous said...

Agreed. Spamming is spinning out of control.

Anonymous said...

Spammers beware! We don't like it. We will boycott products of spammers!