Travel Company is Sued by Verizon for 98,000 Unsolicited Spam Text Messages to its Customers
Date Published: November 25, 2005
Source: Newsinferno News Staff
Verizon Wireless has sued Passport Holidays LLC of Ormond Beach, Florida, for an injunction, compensatory damages, and punitive damages for sending more than 98,000 unsolicited text (spam) messages to the mobile telephones of Verizon customers.
According to a complaint Verizon filed this week in U.S. District Court in Trenton, New Jersey, the messages said: "You just WON a Cruise to the Bahamas" and told the recipients to call an 800 number, but didn't identify the sender. Verizon also claims Passport used deception to hide the source of the messages and avoid filters it uses to stop spam messages.
Although Passport is alleged to have told Verizon that all of the customers who were contacted had opted in for the messages, Verizon alleges that most, if not all of the customers involved never agreed to be contacted on their cell phones by Passport.
When such messages are sent they cost Verizon to carry them and they cost the consumers who receive them. They “invade the privacy of our customers,” cause them “inconvenience,” and violate “their space” said a Verizon spokesman.
In addition to an injunction stopping the practice, Verizon is seeking compensatory damages of up to $500 per violation and treble damages because the violations were intentional as well as punitive damages.
The complaint alleges that many of the messages were sent to sequential telephone numbers within a short time span thereby indicating Passport had used an automated dialer, which is a violation of Federal Communications Commission regulations. Sending the messages is also claimed to have violated the federal CAN-SPAM Act, Computer Fraud and Abuse Act, and Telephone Consumer Protection Act, as well as New Jersey laws against trespassing and invasion of privacy.
[Ovu poruku je menjao IcyImpact dana 26.11.2005. u 10:39 GMT+1]