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Women sues Burger King for $5m over spam SMS

Miami New Times reports how a woman has taken Burger King to court after receiving what she calls 'cryptic' SMS messages.

Elizabeth Espinal replied with a STOP message after first receiving unwanted SMS mobile marketing from the company. This wasn't recorded and she continued to receive two more messages.

Espinal took action in April, as she claims the messages have 'caused actual harm' and she is now hoping to walk away with 5 million dollars in compensation. The case is filed under Section 47 of the American Telephone Consumer Protection Act, which prohibits unsolicited voice and text calls to cellular phones.

This story obviously highlights the fact that tolerance towards mobile spam is very low. Through our recent UK Spam study, we know that people at this side of the Atlantic also take SMS personally - however, $5 million, even for American standards, is perhaps a somewhat unrealistic compensation.

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