Unwanted text messages sent to a subscriber's cellular phone do not give rise to a cause of action under the Computer Fraud and Abuse Act, a district court ruled. The court rejected the plaintiff's claims that the unwanted messages resulted in the unauthorized obtaining of information from her cell phone, finding that there was “no plausible basis” on which it could conclude that the sender of a text message necessarily obtains information from the receiving cell phone. The court rejected the plaintiff's argument that communicating with a cell phone via text message was analogous to obtaining information by unauthorized access to a Web site or database, because sending a text message “is essentially a one-way communication that does not implicate the obtaining of information” from the recipient's device. The court also rejected the plaintiff's claims that the sending of the messages resulted in damage or loss cognizable under the CFAA.
Czech v. Wall Street On Demand, Inc., 2009 U.S. Dist. LEXIS 114125 (D. Minn. Dec. 8, 2009) Download PDF