Whopper of a Lawsuit: Woman Wants Burger King to Pay for Text Messages
Jpellger via Flicker CC
Who says teenage stalkers and demanding bosses send the most irksome text messages? Not Elizabeth Espinal.
Espinal's contention: Burger King "caused actual harm" by harassing her with the "cryptic" messages, according the lawsuit. Espinal was "subjected to aggravation" and made to pay for receiving them. Now she is seeking -- get this -- $5 million in relief.
God bless the American legal system.
In April 2008, Espinal's phone beeped. The text was labeled "99143 " instead of showing a return number, and the sender seemed, well, kind of bossy. "Kick it up a notch with a loaded steakhouse burger," it read. "Try one today at BK."
She immediately wrote back, "Stop." But two months later, Espinal received an identical message, and in August 2008, she received a third. "Stop by BK for a refreshing Mocha BK Joe Iced Coffee," it read this time. "A perfect mix of rich coffee and chocolate syrup."
Frustrated, she filed a federal lawsuit in April 2009, alleging Burger King violated Section 47 of the Telephone Consumer Protection Act, "which prohibits unsolicited voice and text calls to cellular phones." Corporate spokespeople, Espinal, and her lawyers declined to comment.
The case is still open. She filed it as a class action, but it hasn't been certified yet. We're guessing other text recipients just sighed and then paid the bill with pennies from the couch.
Get the This Week's Top Stories Newsletter
Every week we collect the latest news, music and arts stories — along with film and food reviews and the best things to do this week — so that you’ll never miss Miami New Times' biggest stories.
- The First Speaker of the House From Florida? Rep. Dan Webster Considered Dark Horse...
Thu., Oct. 15, 7:00pm
Thu., Oct. 15, 7:30pm
Sat., Oct. 17, 12:00am
Sat., Oct. 17, 10:00am
- Local Entrepreneurs Create New, College-Only Social Network
- ACLU at 50 Names Its Dozen Most Significant Cases for New Times