Volume IX

Issue : 2: September 23, 2010

• Map No-Evil: Skyhook Sues Google for Contractual Interference, Unfair Trade Practices and Patent Infringement
• On-line Tracking Tools Facing Increased Legal and Regulatory Scrutiny
• T-Mobile Sued for Blocking Medical Marijuana Text Messages
• Canadian Software Company Sues Dell for Patent Infringement
• CRTC Rules that Major Telecommunication Carriers Must Accommodate Alternate ISPs
• U.S. Appeals Court Rules on Disclosure of Cell Location Records to Authorities
• Canadian Privacy Regulator Still Sees Facebook as a Challenge

Home > Volume IX > Issue 2: September 23, 2010 > T-Mobile Sued for Blocking Medical Marijuana Text Messages

T-Mobile Sued for Blocking Medical Marijuana Text Messages

EZ Texting, a mobile marketing company which provides interactive text messaging promotions through the use of "short codes" (e.g. text 'promo' to 313131), is suing T-Mobile for its alleged unlawful blocking of all text messages sent to and received from the company on the T-Mobile network. The suit was filed on September 17, 2010 in the U.S. District Court for the Southern District of New York.

The suit alleges that T-Mobile blocked the text messages because it did not approve of an EZ Texting client, WeedMaps, who used EZ Texting's short code to provide information on medical marijuana in California and other states where medical marijuana is legal. Although WeedMaps is a lawful enterprise, EZ Texting alleges that upon learning of T-Mobile’s disapproval, it suspended WeedMaps’ use of its short code in order to protect EZ Texting’s other customers and avoid having its text messages blocked. EZ Texting states that after notifying T-Mobile that it was no longer serving WeedMaps, T-Mobile began blocking text messages to and from all EZ Texting customers by blocking EZ Texting’s short code. EZ Texting claims it is being irreparably harmed by T-Mobile’s actions and seeks injunctive relief and damages.

Whether mobile service providers should be permitted to arbitrarily block text messages between consumers and organizations raises issues of Net neutrality and free speech. While non-discrimination laws are in place for telephone communications, these same protections have not been extended to text messaging. In September, the Federal Communications Committee stated in a release that it will be conducting further inquiry into these issues, but no action has been taken on Net neutrality for the time being.

For additional information, visit:
http://news.cnet.com/8301-13578_3-20016908-38.html?tag=mncol#ixzz105KklC8x