Elizabeth Espinal Suing Burger King For Cryptic Text Messages

Posted Dec 9, 2009

Elizabeth Espinal is a woman that lives in New York and claims that she has been receiving some cryptic text messages from fast food restaurant Burger King (BK). She claimed BK kept texting her with spam advertisements even though she told them repeatedly to stop. Those text messages caused Espinal to be “subjected to aggravation.” This is why she is suing BK for $5 million.

Around April 2008, Espinal received a text from a number labeled 99143 and it said “Kick it up a notch with a loaded steakhouse burger. Try one today at BK.” She kept receiving messages like this for at least several more months. Another one said “Stop by BK for a refreshing Mocha BK Joe Iced Coffee. A perfect mix of rich coffee and chocolate syrup.” Finally she decided to file a lawsuit again BK in April 2009 claiming that the fast food restaurant chain violated the Telephone Consumer Protection Act. If she actually wins this case, it’ll be interesting what will happen to other text message marketers afterwards.