Victory is Mine!Posted: May 23, 2011
Do you really hate getting unsolicited advertisements over text? I do. So after a local company texted me twice in three days, I decided to do something about it. Here is the email that I sent to the customer care email address for each of the three companies. Background information: the Pass of All Passes, is a season pass that allows you go to to the local water park (Seven Peaks) and mini-golf/arcade center (Trafalga). I had never heard of Fizook before May 21.
Seven Peaks, Trafalga and Fizook Deals,
When I signed up for the “pass of all passes” I was required to give my personal information. I was not told, or made aware in any way shape or form, that I would be receiving text messages to my personal cell phone. I do not have unlimited texting and I am charged $0.20 for each text you send to my phone. http://www.wireless.att.com/learn/messaging-internet/messaging/faq.jsp
The first text was sent at 11:11 AM on Saturday, May 21 and had the message:
Trafalga Pass of All Pass Holders- Special VIP Offer, $10 Bucks Gets You An Appetizer, Combo Meal & A $10 Playcard. Learn More/Buy It Now @ www.fizookdeals.com
The second message was send at 4:29 Monday, May 23 and contained the following:
Trafalga Customers Last Chance For- Special VIP Offer $10 Bucks Gets You An Appetizer, Combo Meal & A $10 Playcard. Learn More/Buy It Now @ www.fizookdeals.com
I will be as clear as possible. I do not want your texts. Do not send me your unsolicited and unwanted text messages. Remove all of my contact information from your systems. I do not wish to receive text messages from either of your companies ever again. If the world is burning down and you are the only people in the world with access to text messaging, do not text me. If your very life depends on being able to text me, do not text me. I do not care one bit about your deals, sales, or promotions. In fact, this whole ordeal has ensured that I will never purchase anything from either of your two companies.
I consider this a gross abuse of my personal information. What makes it worse is that this was done without my consent. While writing this I ran across an interesting case. Are you aware that Payless Shoes recently had a class action lawsuit filed against it for a similar practice? http://www.courthousenews.com/2009/10/30/Spam.pdf The different between text advertising and other forms of advertisement is that I am directly forced to pay for your advertisement.
Here is a simple list of what I want. I have tried to make this as absolutely simple as possible:
1) I want my name (Romgi the Enigma) and phone number (XXX-XXX-XXXX) removed from any and all advertising databases at Seven Peaks, Trafalga, and Fizook Deals
2) I do not want to ever receive a text message from either Seven Peaks, Trafalga or Fizook Deals in the future
3) I do not want to ever get a text message from any of the subsidiaries or affiliates of Seven Peaks, Trafalga, or Fizook Deals
If your reply to this email does not address and promise those three things, I will send an itemized bill for each of the text message I have received. If I have not received a response to this email within 10 business days (Monday, June 6, 2011), I will consider this a refusal to respond and I will send an itemized bill for each of the text messages I have received. If you refuse the pay the bill within 30 days, I will begin the process of filing a lawsuit to recover damages under 47 U.S.C. 227 titled “Restrictions on Use of Telephone Equipment” http://codes.lp.findlaw.com/uscode/47/5/II/I/227 . Please note that this federal law prohibits unsolicited advertisements being sent to a person’s telephone. Yes, I am talking about a total of $0.40 of damages, but I am tired of companies such as you costing me money. I have had enough.
I sent that email today around 5:34 and I received a reply at 7:44. I was a bit surprised to get such a quick response. I was sure they would dilly-dally for days before getting back to me.
You have been removed from the Trafalga/Seven Peaks/Fizook Deals Databases.
Sorry for any inconvenience this may have caused you.
If for any reason you receive a text/email from fizook deals ever again in the future please contact me directly as this should not happen.
Senior VP of Sales & Marketing
Apparently, the email went from “customer care” up the ranks to the VP quite quickly! I will forever cherish this small victory.