Viewer texts VMA vote, sues after MTV inundates her with spam texts

Wednesday, May 15, 2013 at 5:55pm

Erin Mock texted in a vote for MTV’s Video Music Awards in support of an artist up for an award in 2011. As a result she received multiple follow-up texts advertising MTV programs.

A class-action lawsuit filed in U.S. District Court in Nashville claims those texts violated a federal consumer protection act.

Mock, a Nashville resident, is suing MTV’s parent company Viacom Inc. for allegedly sending spam messages to her cellphone even after she told them to stop.

Mock was watching the VMAs on Aug. 28, 2011, when she was solicited to vote via text message for the awards’ nominees.

After voting, Mock promptly received a return message thanking her for casting a vote. Over the course of the next month, Mock claims she received several unsolicited messages promoting MTV programming.

Mock, who was charged for incoming text messages, replied to the third message with “stop.” She then received a message confirming that she wouldn’t receive any more messages or charges from MTV.

Mock, however, says she received yet another promotional message from MTV and again replied for them to stop.

The suit claims Viacom violated the Telephone and Consumer Protection Act, which prohibits calls and messages, such as the ones Mock is suing over, to protect the privacy of citizens.

The lawsuit seeks class-action status to enjoin all recipients of unwarranted texts from Viacom.

The suit asks for $2,000 in statutory damages per message sent.

Mock’s attorney, Nick Kessler, declined to comment at this point and Viacom didn’t return a request for comment as of Wednesday afternoon.

 

4 Comments on this post:

By: 742180 on 5/16/13 at 7:51

Good for her, a statement needs to be made to these smart phone spammers. It is almost impossible to get off of a phone-spam list. You hate to open them even to try and unsubscribe, fearing additional unsolicited and unwanted text, emails, etc. I hope she wins BIG!!

By: JohnGalt on 5/16/13 at 8:23

Businesses are again flagrantly ignoring the Federal Do Not Call lists. Three to four robocalls daily is not unusual.

By: Rasputin72 on 5/16/13 at 4:26

I normally am uninimpressd by frivolous and near frivolous lawsuits.

In this case I hope tne woman wins BIG!

By: whitegravy on 5/18/13 at 11:56

I SPEND MORE TIME DELETING SPAM THAN I DO QUERYING... THE SPAMMERS MUST BE STOPPED.....THIS LADY COULD SET LEGAL PRECEDENT, THATS IF SHE WINS,,,,, THE FLOODGATES OF PEOPLE SUING SPAMMERS WILL BUST WIDE OPEN ,,,,,LET THE WARS BEGIN!!!!!!