Satterfield
Satterfield v. Simon & Schuster
Opinion
Opinion
I. FACTS AND PROCEDURAL HISTORY
Satterfield brought this action against Simon & Schuster for text messaging an advertisement to a cellular phone she owned in violation of the TCPA. Satterfield received this text message after she became a registered user of Nextones.com (“Nextones”) (not a defendant in this case). Satterfield joined Nextones at the request of her minor son in order to receive a free ringtone. In order for Satterfield to get the free ringtone for her son, she had to fill out a form which read:
Nextones Member Sign Up
Sign up to become a registered user of Nextones 1 When referred to collectively, Simon & Schuster and ipsh! are referred to as “Simon & Schuster.” 7334 SATTERFIELD v. SIMON & SCHUSTER, INC. today, for free! There is absolutely no cost involved in registering!
Satterfield then provided her son’s initials and first three letters of his last name, her email address, zip code, phone number, and account information. The form also provided a check box that was followed by:
Yes! I would like to receive promotions from Nex- tones affiliates and brands. Please note, that by declining you may not be eligible for our FREE con- tent.