A woman from New York is suing Burger King for ignoring her request to stop texting her.

Elizabeth Espinal claims the company acted like an ex-boyfriend when it repeatedly text-messaged her with spam ads, despite the fact that she asked for the messages to stop.  According to news reports, in April 2008, Espinal’s phone beeped with a text message from Burger King that said, “Kick it up a notch with a loaded steakhouse burger.  Try one today at BK.”  Espinal claims she immediately texted back, “Stop.”

Two months later, Espinal received an identical text, followed several months later with a third message urging her to try a refreshing Mocha BK Joe Iced Coffee.

Claiming she was unable to have it her way and get Burger King to stop texting, Espinal filed a federal lawsuit alleging violations of Section 47 of the Telephone Consumer Protection Act, “which prohibits unsolicited voice and text calls to cellular phones.”  Espinal contends that Burger King “caused actual harm” by harassing her with the cryptic messages, which she was forced to pay for as part of her cellular service.

Espinal filed the lawsuit as a class action and is seeking $5 million in relief for allegedly being “subjected to aggravation.”

Burger King declined to comment.

—Source:  Miami New Times