Litigation

Unwanted Text Messages Does Not Give Rise to a Computer Fraud Claim

By Kevin Lemley

An interesting application of the Computer Fraud and Abuse Act ("CFAA") was attempted in Czech v. Wall Street on Demand, Inc., 2009 U.S. Dist. LEXIS 114125 (D. Minn. Dec. 8, 2009).

Wall Street on Demand (WSOD) provides customers with current reports and updates. One of the services is to send updates via text messages. WSOD does not track cancelled or recycled cell numbers, so sometimes non-subscribers receive text messages. Czech was a non-subscriber receiving these text messages. Not only did Czech file suit under the CFAA, Czech filed her claim as a class action.

The district court gave Czech two opportunities to amend her complaint but ultimately found that receiving unwanted text messages cannot state a cause of action under the CFAA. These claims were dismissed, but Czech is permitted to proceed on her state law claims.

Full post as published by Arkansas Business Litigation Blog on December 31, 2009 (boomark / email).