TRENTON, N.J. (CN) – Verizon Wireless demands that Money Waterhouse dba All State Mortgage stop sending wireless text spam promoting its mortgage products. Verizon claims the Pennsylvania-based defendants have sent more than 806,000 unwanted spam messages, annoying Verizon customers, costing them money, and clogging Verizon’s networks.
The complaint states: “Defendants have violated the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), the Telephone Consumer Protection Act (47 U.S.C. § 227 et seq.), and N.J. Stat. Ann. §§ 2A:38A-1 et seq., which provide for civil liability. Defendants also have trespassed upon and made illegal use of Verizon Wireless’s personal property and have conspired with others to engage in unlawful conduct – both in violation of New Jersey law. Moreover, Defendants have invaded Verizon Wireless’s subscribers’ privacy. As a result of their illegal conduct, Defendants have knowingly misappropriated advertising and other services on Verizon Wireless’s proprietary network and have been unjustly enriched at Verizon Wireless’s expense.
“By this action, Verizon Wireless seeks, on its own behalf and on behalf of its subscribers, (i) temporary, preliminary and permanent injunctive relief to prevent further irreparable harm to Verizon Wireless and its subscribers; (ii) actual damages or $500 for each violation of the Telephone Consumer Protection Act, whichever is greater, trebled due to the willful and knowing nature of Defendants’ violation; (iii) economic damages pursuant to the Computer Fraud and Abuse Act; (iv) punitive damages; (v) costs of suit, including attorneys’ fees, pursuant to N.J. Stat. Ann. §§ 2A:38A-1 et seq.; and (vi) restitution of all benefits accepted and retained by Defendants as a result of their unlawful conduct.”
Verizon is represented by William Heller with McCarter & English in Federal Court.