A Bay Area man has insisted he doesn't need help picking up chicks. To prove this, Andrew Humble, a Millbrae resident, filed a lawsuit in San Francisco this week, claiming a Georgia-based company sent him "flirting tips" via text message -- and then charged him for the dating advice without his knowledge or consent.
According to the claim, Wise Media LLC charged Humble $9.99 on his January wireless bill for three tips on how to pick up chicks, a service for which he never subscribed. The company says that customers voluntarily sign up for these love tips by enrolling in a text message subscription plan via the company's website. However, the vast majority -- if not all -- the subscribers to daily flirting tips did not sign up voluntarily, Humble states.
According to the claim:
Through unknown means, Wise Media obtained the mobile phone numbers of consumers without their knowledge or consent. Defendant obtained these numbers even though consumers had never visited the website, had never expressed interest in defendant or the subscription plan, and had no relationship with the defendant. "Without any action or solicitation by the consumers, defendant
sent SMS texts to the mobile phone numbers that it had acquired.
January 2012, which stated: "Lovegenietips Flirting Tips;
3msg/week for $9.99/m T&Cs: lovegenietips.com Msg&data rates may
apply. Reply HELP for help, STOP to cancel. PIN 5WY6."
He had no idea what he number was, so Humble ignored the text message. A few minutes later, he claims he got the following text message:
"Lovegenietips: You joined $9.99/m for 3msg/wk bill to cell. Reply HELP
for help, STOP to cancel Msg&Data rates may apply. T&Cs:
He received another similar message in February, which made him suspicious enough to check his bank account. Sure enough, on the last page of his cell phone bill, he noticed a monthly
subscription charge for LoveGenieTips in the amount of
$9.99 from Wise Media.
"Humble had no intention of enrolling in the subscription plan," according to the complaint. "In support of this lack of any intention to
enroll in the subscription plan, Humble relied on the fact that he did
not have a relationship with defendant, had not solicited any goods or
services from defendant, and had not responded to any of defendant's
In the class-action lawsuit, Humble says he believes the company sent these unwanted SMS texts using
equipment which had the capacity to store or produce telephone numbers using a random sequential number generator.
Humble is seeking class damages of whichever is larger: Actual monetary loss
or $500 for each Telephone Consumer Protection Act violation, plus