A federal appeals court on Friday said a Texas mother can sue an online entertainment company for sending unwanted text messages to her 13-year-old son after she let him use her cellphone.
Reversing a lower court ruling, the 9th U.S. Circuit Court of Appeals in San Francisco said Kristen Hall has standing to pursue a proposed class action against Smosh, which describes itself as the internet's "largest sketch comedy brand."
Some messages carried a sprightly tone, including: "OH HAPPY DAY!! The try not to laugh shirt is back in stock. Buy one. Spit on your friends. Be merry. BUY HERE IF YA WANT." Last July, a trial judge dismissed the case, saying Hall was merely the "subscriber and owner of the phone" while her son was its actual user and the messages' actual recipient.
“Receiving even one unsolicited, automated text message from a telemarketer is the precise harm identified by Congress, and sufficient to state an injury in fact," wrote Bennett, a federal District Court judge who normally sits in Baltimore.
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