Woman Sues Burger King for Textual Harrassment
This one's a Whopper!
New York woman Elizabeth Espinal is suing Burger King for sending her text messages.
According to the Miami New Times, Espinal contends that Burger King "caused actual harm" by harassing her with the "cryptic" messages. Espinal claims she was "subjected to aggravation" and that she had to pay for the incoming text message charges.
Such messages include: "Kick it up a notch with a loaded steakhouse burger. Try one today at BK." Espinal responded to the text messages with "Stop," but then two months later, she received the same message again advertising the burger. Then after, she got another message that read, "Stop by BK for a refreshing Mocha BK Joe Iced Coffee. A perfect mix of rich coffee and chocolate syrup."
Espinal filed a federal lawsuit seeking class action status alleging Burger King violated Section 47 of the Telephone Consumer Protection Act, "which prohibits unsolicited voice and text calls to cellular phones."
Espinal is now seeking $5 million from Burger King.
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$5 million? LOL.
Its the American WAY!
lol 5 million. I guess those welfare checks just aren't cutting it.
All the have to do is prove she signed up for them.. If she ever sent a txt msg to one of those stupid "free ringtones" or something it would probably be in the terms that she "agreed" to..
Ugh... If she's been receiving these text messages, then she probably subscribed to them in the first place, either by entering one of their contests or some other way. If not, she may have a case, but $5 million? Wow. Welcome to America!
On a side note, I'm now very hungry.
Hmm.. After Obama taxes (cap & trade for her talking so much bs), health insurance premiums, & lawyer fees, she might just end up barely paying her text bills.
But seriously, There should be a common sense filter for lawsuits. She could have easily blocked the text messages from BK after the first one.
Hmmm Im pretty sure she will loose this one...I mean BK has they;re corporate fueled Attorney's and such...specially 5 mill...I could see her making maybe 100k Maybe 250k at most but thats asking a bit much even then in my honest opinion.
First off, if Burger King was sending her text messages, they knew this was a cell phone. Second, in order to receive these messages, she probably supplied her phone number -OR- texted some code to a number setup by Burger King. Seems to me this woman shouldn't have signed-up for these messages, or should have canceled them when they were no longer wanted. How she thinks $5million is proper compensation for her own stupidity is beyond me.
I signed up for Pancheros text messages to get some free chips and queso. They send me like 1 text message a week, and its always a coupon for free chips and queso/guac/salsa good for that day only. A $3 coupon for what is essentially a free text message (with my data plan), I can't complain.
Hmm.. After Obama taxes (cap & trade for her talking so much bs), health insurance premiums, & lawyer fees, she might just end up barely paying her text bills.But seriously, There should be a common sense filter for lawsuits. She could have easily blocked the text messages from BK after the first one.
yeah, and if she were a corporation, there's a 95% chance that she wouldn't pay any taxes at all
5 million dollar !? thats 500 million whopper !!
How on Earth is she going to justify $5 million?
They sent her advertisements, not death threats!
Madness.
I say give her $5, but counter sue for whatever fees burger king has to incur on behalf of her stupidity.
last time I checked, text were around 10 cents each... and getting a spam ad via text is such a minor thing.
On one end it doesn't suprise me. I mean this is America. People sue for anything. The sad thing is she more than likely gave them her number, unless they send texts to random numbers now.
On the other end I'd be pissed to if they did that to me, so I don't blame her. Although I wonder what harm was actually caused from the texts. All in all, it is a law. I hope for her sake that she didn't sign up for anything and does win.
Another lawsuit brought by somebody who should be fined for contributing to the clogging up of the justice system with stupid allegations. I mean $5 million? Come on, that right there tells me your just looking to sue someone in hopes of getting a big settlement and not have to work. If she was was suing for the cost and of the text messages and maybe another 10% on top I MIGHT say there might be some merit here, but 5 million, that just kills it for me.
At least this is one way to send the message that "We Don't Want SPAM of Any Sort" whether it be text messages, email, snail mail or telemarketers.
Just because we sign up for an promotion does not mean we want SPAM.
Even wore is getting charged for the spam as in the case of cell phones.
Companies that SPAM need to learn a lesson the hard way.
I wonder if the person inside the 'king' suit is a Woman.
Nice pic (bottom part)... but $5m? that's ridiculous! lol. BK shouldn't have done that though but $5m? will this fly?
Fuck American people, i live in America and i absolutely HATE 80% of the public. over 80% of American people are any of the following forms of decay in western society.
Fat
Miserable because they're fat
Ignorant
Horrible Drivers
Greedy
Corporate scum
... you get the point, there's plenty to add to the list...
America! Stop sueing and get a fukkin job!
5 million dollar !? thats 500 million whopper !!
Math fail.
At least this is one way to send the message that "We Don't Want SPAM of Any Sort" whether it be text messages, email, snail mail or telemarketers.Just because we sign up for an promotion does not mean we want SPAM.Even wore is getting charged for the spam as in the case of cell phones.Companies that SPAM need to learn a lesson the hard way.
If you sign up for something you should read ALL of it, it usually says they will send you messages (e-mail, mail, texts) and that you agree to receive them by signing up. It's not really spam if you say yes go ahead and send it.
5 million dollar !? thats 500 million whopper !!
Wow 1 cent Whoppers, when did that happen?
If you sign up for something you should read ALL of it, it usually says they will send you messages (e-mail, mail, texts) and that you agree to receive them by signing up. It's not really spam if you say yes go ahead and send it.
I'm sure that's not the only subject the Plaintiff has failed...
she is a bitch. she's just looking for money.
I bet you she spends 1m of it at burger king. Lulz
Give her the 5mil and i'll wager she will be in BK within a week.....
She must be a former Apple employee...
Viva la America!!!!!!
5 million dollar !? thats 5 million whopper !!
sry typo =x
I hope the Judge laughs her case out. There is no way 3 text messages can amount to 5 million dollars. Oh and Sometimes being the King has it's privileges.
She's a fucking joke!
Wow...... people need a life. Just block the DAMN NUMBER!