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Text message ad prompts lawsuit

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Published: Sept. 15, 2008 at 12:43 PM

CHICAGO, Sept. 15 (UPI) -- A Chicago businessman has scored a $7 million victory against a firm that used text messaging to advertise a sale on its Web site.

Jeffrey Weinstein, 41, says he got angry when he received a text message on his cell phone in December 2005 from the Timberland shoe company, the Chicago Sun-Times reported Monday.

"I thought: There has to be a law against something like this," Weinstein said.

He decided to become the lead plaintiff in a federal class-action lawsuit charging Timberland with violating a federal ban on unsolicited calls on cell phones.

Instead of going to trial, Timberland and the e-commerce company that worked on its marketing campaign have agreed to create a $7 million settlement fund.

Weinstein, who stands to get $5,000, said the suit is not just about the money.

"I imagined being in meetings and having text message after text message coming in," he said. "I thought, 'Hell, no! This needs to stop right here before it becomes totally uncontrollable.'"

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