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Papa John's Sued For Unwanted Pizza-Related Texts

samzenpus posted about 2 years ago | from the spam-spam-spam-pizza-spam dept.

Cellphones 418

jfruh writes "Nationwide pizza chain Papa John's is finding itself on the receiving end of a $250 million text spam lawsuit. From the article: 'Seattle law firm Heyrich Kalish McGuigan, representing three Papa John's customers, alleged that the pizza delivery service has sent 500,000 unwanted text messages to customers. If the court finds that Papa John's violated the U.S. Telephone Consumer Protection Act, the pizza maker could have to pay damages of $500 per text message, or US$250 million, one of the largest damage awards under the 1991 law, the law firm said. "Many customers complained to Papa John's that they wanted the text messages to stop, and yet thousands of spam text messages were sent week after week," Donald Heyrich, attorney for the plaintiffs said in a statement. "This should be a wake-up call to advertisers. Consumers do not want spam on their cell phones."'

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Who doesn't want Pizza? (-1)

Anonymous Coward | about 2 years ago | (#41989923)

All of them should be vaporized in a fiery asteroid explosion.

How dare they turn down delicious tasty pizza!
Here at this place I don't have any relation to in the slightest, they (we) sell delicious pizza!

I am sure the judge will see the way and enjoy his delicious free pizza for life.

Re:Who doesn't want Pizza? (-1)

Anonymous Coward | about 2 years ago | (#41989927)

How dare they turn down delicious tasty pizza!

When baking it, one doesn't turn pizza.

Re:Who doesn't want Pizza? (1, Informative)

dosius (230542) | about 2 years ago | (#41989985)

I wouldn't call that crud pizza. Fake mozz? Hell, every pizzeria around here uses the real thing, whole-milk mozzarella.

-uso.

Re:Who doesn't want Pizza? (1)

Anonymous Coward | about 2 years ago | (#41990037)

Whole-milk? Real mozzarella is made from buffalo milk.

Re:Who doesn't want Pizza? (4, Informative)

bfandreas (603438) | about 2 years ago | (#41990051)

Not to be nitpicky but proper Mozzarella is made from (European) buffalo milk. Not that cheap cow stuff.
Not every lactation of any bovine will do for proper Mozzarella.

But anything is better than that horrid cheese analogue they stir together from second rate fat, rotting skunks and paint.

Re:Who doesn't want Pizza? (-1)

Anonymous Coward | about 2 years ago | (#41990335)

......yeah.....no

Re:Who doesn't want Pizza? (5, Funny)

jtownatpunk.net (245670) | about 2 years ago | (#41990393)

I fail to see what Papa John's has to do with pizza.

Re:Who doesn't want Pizza? (1)

helix2301 (1105613) | about 2 years ago | (#41990551)

I personally can not stand there food.

Re:Who doesn't want Pizza? (0)

Anonymous Coward | about 2 years ago | (#41990693)

I personally can not stand there food.

His name's not "food" and I don't see the relevance of which areas you can or cannot stand in.

it would have been more cost effective (4, Funny)

TheGratefulNet (143330) | about 2 years ago | (#41989925)

to just have pirated 3 movies and be done with it.

Re:it would have been more cost effective (1, Funny)

Quakeulf (2650167) | about 2 years ago | (#41989961)

If they really want to get rid of so much money so quickly they could just fund someone's Kickstarter, or give it to me!

This is wrong. (4, Insightful)

RudyValencia (728937) | about 2 years ago | (#41989935)

Companies should honor requests for people to be able to opt out of their text messaging programs. I used to work in a call center supporting a major cellular carrier and their devices. The most common problem people called about was text messages they did not want and needed help in stopping. All we could do was educate the customer on how to opt out of the text messaging spam. This was one year ago. I left and never looked back.

The law says... (5, Informative)

iYk6 (1425255) | about 2 years ago | (#41989987)

The law says that you aren't allowed to spam cell phones with commercial advertisements. No opt out necessary.

Re:The law says... (3, Informative)

houghi (78078) | about 2 years ago | (#41990081)

In Belgium this is different. We can (and do) send commercial offers to our customers. Two things:
1) We honor the opt-out
2) The customer never has to pay when receiving messages (unless he is in another country and roaming is on)

Re:The law says... (1)

Anonymous Coward | about 2 years ago | (#41990211)

3) You can only send such messages to people that have either opted-in (usually by failing to uncheck a check box on some online for for something unrelated) OR you must be able to prove a "business relationship" exists with that person. In principle it is enough to show that this person has at some point purchased something from you.

Re:The law says... (3, Interesting)

franciscohs (1003004) | about 2 years ago | (#41990779)

So how do you know if the customer is in another country?

Last time I travelled I paid more for text and call spam than what I spent myself with legitimate texts and calls (which were very few, not that I got hundreds of spam messages, but still).

Re:The law says... (5, Interesting)

Anonymous Coward | about 2 years ago | (#41990083)

But of course there's a loop hole... one used by a company during this past election.

You don't spam the phone by sending text messages... you spam the phone by sending "emails" to
@

Such as 8145553345@vtext.com or whatever Verizon's service is. The company in Virginia that was doing this hasn't gone to trial yet but many see it as "breaking the spirit of the law but not actually the law its self".

Re:The law says... (0)

Anonymous Coward | about 2 years ago | (#41990129)

Damn it slashdot for stripping my text. The lone @ should read
Phone number @ carriers email to text gateway

Re:The law says... (4, Funny)

kbdd (823155) | about 2 years ago | (#41990313)

You don't spam the phone by sending text messages... you spam the phone by sending "emails" to @

I would like to hear what they tell the judge when he asks where did they think the messages would end up if not on a cell phone as a text message?

The FCC is soliciting comments on this topic. (5, Informative)

Anonymous Coward | about 2 years ago | (#41990593)

Actually, the FCC has a currently open comment period on how to address automated system for sending spam texts to cell phones. See http://apps.fcc.gov/ecfs/document/view?id=7022037251

With this Public Notice, we seek comment on the petition for an expedited clarification and
declaratory ruling filed by Revolution Messaging, LLC.1 Revolution Messaging asks the Commission to
clarify that the Telephone Consumer Protection Act (TCPA)2 and the Commission’s related rules3 apply
to users of Internet-to-phone text messaging technology and similar technologies involving the storage
and automatic dialing of wireless telephone numbers.4 Revolution Messaging states that such a ruling
would make clear that Internet-to-phone text messaging technology is a type of “automatic telephone
dialing system” under the Commission’s rules and is therefore subject to the prohibitions in the TCPA
and the Commission’s related rules.

Anyone can file comments urging the FCC to make clear that such systems should be considered a type of “automatic telephone dialing system” under the Commission’s rules.

Read the full petition here: http://apps.fcc.gov/ecfs/document/view?id=7022037252

File comments on the FCC ECFS system, the docket number to use is "02-278". http://http://apps.fcc.gov/ecfs/upload/

And although the deadline is close, the FCC is generally fairly liberal in allowing and considering late-filed comments.

Re:The FCC is soliciting comments on this topic. (2)

Pinky's Brain (1158667) | about 2 years ago | (#41990867)

It's just an attempt at denying culpability at what obvious is a scam to profit from the extremely perverse practice of charging for received text messages you have in the US ... if you're going to file comment do include the fact that Verizon is profiting from spam and that is a big reason why they set up the service in the first place.

Re:The law says... (0)

Anonymous Coward | about 2 years ago | (#41990675)

How would this apply to Apple's iMessages. (Wasn't it in the news yesterday that texting is actually decreasing! iMessage is taking more and more of the texting business and depriving the "evel" phone companies of revenue. We use Sprint which is unaffected since they do not charge for text messages. Verizon and AT&T the time we looked for phones.)

Re:The law says... (2)

History's Coming To (1059484) | about 2 years ago | (#41990731)

If you pay somebody else to carry out a crime or civil offence on your behalf you're also guilty.

Re:The law says... (1)

hcs_$reboot (1536101) | about 2 years ago | (#41990255)

There are things like that I wish are the same in all countries. In France for instance, you may receive spam mail just because the site is buggy. Out of laxity, some sites do deal with unsubscribe and all, but it's so buggy it doesn't work well - it's not deliberate, people just don't care. Having mil$ to pay would certainly help the said sites to improve their IT/programming.

Re:This is wrong. (5, Insightful)

Joce640k (829181) | about 2 years ago | (#41990249)

Companies should honor requests for people to be able to opt out

No, they should all be "op-in"...

(...otherwise they just set up a new company every week and we have to "opt-out" all over again)

Re:This is wrong. (-1, Flamebait)

JackieBrown (987087) | about 2 years ago | (#41990575)

It is wrong.

This is just payback for PapaJohn's CEO for criticizing ObamaCare.

Companies that do not subscribe to liberal ideas are being attacked (look at Chick Fil A, HobbyLobby, Applebees, Boy Scouts) and will continue to be until they are to afraid to do anything other than to sell out their beliefs. Attempts to show support for these companies are routinely mocked while boycotts against them are praised.

And companies that push liberal ideas are praised for being progressive so it's not as simple as people don't want politics mixed with business.

Re:This is wrong. (1)

Anonymous Coward | about 2 years ago | (#41990785)

Your tinfoil is on too tight.

Re:This is wrong. (0)

Anonymous Coward | about 2 years ago | (#41990657)

Everything (virtually) should be opt-in.
Opt-out is a violation of our civil liberties/rights.
Opt-out is immoral and unethical.
I apply this to snail-mail as well as electronic communications

Law Firm: $50 mil - You: $1 off next pizza (5, Insightful)

Anonymous Coward | about 2 years ago | (#41989939)

Enjoy your justice - American sytle.

Re:Law Firm: $50 mil - You: $1 off next pizza (4, Insightful)

c0lo (1497653) | about 2 years ago | (#41989957)

(hmmm.... can't stop thinking... a dozen more suits like this and the US economy would be growing... right?)

Re:Law Firm: $50 mil - You: $1 off next pizza (5, Funny)

Sulphur (1548251) | about 2 years ago | (#41990099)

(hmmm.... can't stop thinking... a dozen more suits like this and the US economy would be growing... right?)

A gross domestic product.

Re:Law Firm: $50 mil - You: $1 off next pizza (3, Funny)

azalin (67640) | about 2 years ago | (#41990221)

"gross" describes Papa John's "Pizza" quite adequately.

They need a new tagline... (1)

Anonymous Coward | about 2 years ago | (#41989951)

Real spam, real annoying: Papa John's

If I get spam from a pizza company, (0)

Threni (635302) | about 2 years ago | (#41989955)

I'm going to order so many pizzas to be sent to random addresses with the name "sam spam" etc they're likely to get the message pretty quickly. Or perhaps not. But it's gonna cost them!

Re:If I get spam from a pizza company, (3, Insightful)

houghi (78078) | about 2 years ago | (#41990087)

It will cost the pizza drivers, not so much the company.

Re:If I get spam from a pizza company, (1, Offtopic)

Threni (635302) | about 2 years ago | (#41990151)

The pizza drivers pay for the ingredients, lose from the lack of space in the oven for genuine customers' pizzas etc? The drivers are paid anyway - all they're losing is the tip. But yeah, if you work for that sort of company there'll be disadvantages at all levels.

Re:If I get spam from a pizza company, (2)

ArsenneLupin (766289) | about 2 years ago | (#41990485)

lack of space in the oven for genuine customers' pizzas

... so the pizza parlor just tries to pass on those pies to other customers who ordered a similar one.

==> So, when playing this prank, remember to ask for extra anchovies...

Re:If I get spam from a pizza company, (1, Interesting)

Anonymous Coward | about 2 years ago | (#41990517)

The pizza drivers pay for the ingredients, lose from the lack of space in the oven for genuine customers' pizzas etc? The drivers are paid anyway - all they're losing is the tip. But yeah, if you work for that sort of company there'll be disadvantages at all levels.

Drivers buy their own gas and put miles on their own vehicles.

By the way, "Sam," you'd be committing fraud, and on the scale you're suggesting, there's no way it would be a misdemeanor.

Re:If I get spam from a pizza company, (5, Interesting)

Y2KDragon (525979) | about 2 years ago | (#41990525)

No, the drivers lose in the cost of gas to go out. They lose tips for non-existent deliveries. They lose income from people being angry and petty. Remember, the people working in the stores aren't the ones who sent the spam, but they will be the ones to bear the worst of the punishment for such actions. Best response is to just not buy from them anymore. I've stopped ordering a long time ago when I found out he was a heavy political backer of the "nut-job right" (not to be confused with actual Conservatives).

Re:If I get spam from a pizza company, (4, Funny)

Joce640k (829181) | about 2 years ago | (#41990265)

I'm going to order so many pizzas to be sent to random addresses with the name "sam spam" etc they're likely to get the message pretty quickly.

Be sure to order a spam, spam, spam, spam, cheese, tomato and spam topping.

Re:If I get spam from a pizza company, (1)

RabidReindeer (2625839) | about 2 years ago | (#41990363)

I don't want spam, I want pepperoni!

Re:If I get spam from a pizza company, (0)

Anonymous Coward | about 2 years ago | (#41990447)

Woosh. Way to ruin a good joke.

Re:If I get spam from a pizza company, (4, Funny)

tangelogee (1486597) | about 2 years ago | (#41990509)

I don't want spam, I want pepperoni!

Well, you could order the spam, spam, pepperoni and cheese, that hasn't got much spam on it.

Re:If I get spam from a pizza company, (1)

antifoidulus (807088) | about 2 years ago | (#41990655)

Hey, I think I got one of your orders... "I C Weiner".... BRB, going to sit down and rest at this table in front of a bunch of tubes....

Statutory damages (0)

Anonymous Coward | about 2 years ago | (#41989963)

Interesting to see if outrageous statutory damages are imposed on a company (they're just like a person, remember!) as they are with individuals who pirate movies. Wouldn't want there to be double standards or anything...

Papa John (4, Informative)

nospam007 (722110) | about 2 years ago | (#41989991)

Just as info for those who don't know these morons.

"Before the election Papa John’s CEO John Schnatter, a big Romney supporter, was one of the highest profile CEOs threatening layoffs and pizza price hikes (god forbid!) if Obama won. He doubled down after the election, like the Vegas man saying he’d start making layoffs and reducing hours at Papa John’s locations rather than having to provide healthcare for people working more than 30 hours per week."

http://www.deathandtaxesmag.com/190955/idiots-line-up-to-thank-papa-johns-for-screwing-them-out-of-healthcare/ [deathandtaxesmag.com]

Re:Papa John (3, Insightful)

TheGratefulNet (143330) | about 2 years ago | (#41990133)

did not know that and now that I do, they are on my do-not-buy list.

in my area, they had semi-ok pizza but now that I know the ceo is like that chick-fil-a guy, I want no more part of them.

Re:Papa John (0)

Anonymous Coward | about 2 years ago | (#41990529)

did not know that and now that I do, they are on my do-not-buy list.

in my area, they had semi-ok pizza but now that I know the ceo is like that chick-fil-a guy, I want no more part of them.

You realize, of course, that by doing that, you're hosing the employees even further, because not only will hours be cut, but so will the number of employees.

So instead of 10 people working 28 hours, you'll see 8 working 28, and 2 not working at all.

Re:Papa John (4, Insightful)

drinkypoo (153816) | about 2 years ago | (#41990549)

did not know that and now that I do, they are on my do-not-buy list.

You realize, of course, that by doing that, you're hosing the employees even further, because not only will hours be cut, but so will the number of employees.

Perhaps they can go to work for a more ethical pizzeria when Papa John's cuts back locations due to reduced business. I suppose you'd prefer that nothing ever get better at all because some people will suffer if it does.

Re:Papa John (3, Informative)

arth1 (260657) | about 2 years ago | (#41990617)

You realize, of course, that by doing that, you're hosing the employees even further, because not only will hours be cut, but so will the number of employees.

People won't stop buying pizza. They'll buy from other places instead, which means other places will be hiring.

Anyhow, I don't really get the whole pizza delivery thing. Where I live, it's quicker for me to make a pizza from scratch than to order one.
It's really not hard - if it were, those guys wouldn't be able to do it...

Re:Papa John (0)

Anonymous Coward | about 2 years ago | (#41990719)

Trade sanctions are the first thing to be enacted on rogue dictators, but it's true, they tend to ineffective and hurt innocent people.
Hopefully the US will send troops in to arrest Schnatter and bring him to the Hague for trial.

Re:Papa John (0, Troll)

JackieBrown (987087) | about 2 years ago | (#41990595)

did not know that and now that I do, they are on my do-not-buy list.

in my area, they had semi-ok pizza but now that I know the ceo is like that chick-fil-a guy, I want no more part of them.

Like everything else, this is a perspective thing.

On Friday I will be buying pizza from Papa John's. This is the first delivery pizza I have bought in 2 years.

Now that I know the ceo is like the chick-fil-a guy, I want to support them.

Re:Papa John (2, Interesting)

Attila Dimedici (1036002) | about 2 years ago | (#41990135)

So, you are saying this lawsuit is merely payback for his opposition to Obama?

Re:Papa John (2)

kenh (9056) | about 2 years ago | (#41990207)

The truth is that Papa John's franchisees will likely cut hours to avoid Obamacare tax/penalty, not corp parent, and the comment was a prediction, not a promise.

Re:Papa John (2)

XxtraLarGe (551297) | about 2 years ago | (#41990591)

The truth is that Papa John's franchisees will likely cut hours to avoid Obamacare tax/penalty, not corp parent, and the comment was a prediction, not a promise.

<sarcasm>Yes, but we must show our support for the workers who have had their hours slashed by not spending our money with their employer. Once they lose enough money and go out of business, they will realize that they shouldn't have cut those hours!</sarcasm>

Re:Papa John (-1, Flamebait)

Anonymous Coward | about 2 years ago | (#41990227)

How are they morons when it was Obama that said he wanted the 30 hour maximum for workers in order to reduce unemployment? Blame the guy that created the policy rather than the victim of the policy.

Re:Papa John (0)

Anonymous Coward | about 2 years ago | (#41990581)

How are they morons when it was Obama that said he wanted the 30 hour maximum for workers in order to reduce unemployment? Blame the guy that created the policy rather than the victim of the policy.

You should have blamed BOOOSH!

Remember, the All-Hallowed LIghtBringer Obama the Messiah is blameless in everything.

Re:Papa John (1)

Joce640k (829181) | about 2 years ago | (#41990263)

"...doubled down"?

Is that the latest trendy phrase over there?

Scott Adams [dilbert.com] mentioned it today, I thought he was exaggerating. Apparently not.

Re:Papa John (3, Informative)

RabidReindeer (2625839) | about 2 years ago | (#41990385)

"...doubled down"?

Is that the latest trendy phrase over there?

Scott Adams [dilbert.com] mentioned it today, I thought he was exaggerating. Apparently not.

Yes. You're late to the party.

Translation: It didn't work before, so now we'll do it twice as hard.

Re:Papa John (1)

Joce640k (829181) | about 2 years ago | (#41990879)

Yes. You're late to the party.

I don't live in the USA so I guess I missed it.

Re:Papa John (0)

Anonymous Coward | about 2 years ago | (#41990287)

Wow the haters are really out against this person.

Re:Papa John (4, Funny)

MysteriousPreacher (702266) | about 2 years ago | (#41990515)

Because it's a job creator taking a brave stand against Comrade Obama. A job creator, cutting jobs and pay of already poorly paid employees, is an admirable stand against the communism that is causing the EU and Canada to descend in to governmental Orwellian surveillance, economic ruination, soccer, no freedoms and a whole bunch of stupid national anthems and incomprehensible languages.

I salute Papa John's financially successful and well educated Facebook fans. Fight for the job creators, not the White House Politburo!

Re:Papa John (1)

JackieBrown (987087) | about 2 years ago | (#41990637)

A job creator, cutting jobs and pay of already poorly paid employees,

How much money should a pizza delivery driver make?

Anyways, they make the bulk of their money on tips which they don't report so they don't have to pay taxes on them. You really have no idea how much they make.

My wife worked at a car wash for 3 years. The detailers made 5.15 an hour. They made an unreported extra hundred in tips daily.

Re:Papa John / not a moron (0)

Anonymous Coward | about 2 years ago | (#41990557)

Lets see, someone who actually is running a business is making decisions based on the cost of doing business, so the answer is to call him a moron. Try running a business yourself, it should be fairly easy with Papa Johns making so many bad decisions.

Re:Papa John (2)

mea_culpa (145339) | about 2 years ago | (#41990621)

How is that illegal? Do we need government further micromanaging businesses? How has that ever helped the economy?
It is his view as CEO that people are going to buy less pizza under Obama. Even though we don't see it, he does.
Let his business sink or swim on its own merits.

Personally, I think it is ridiculous that he is making a political statement at the expense of his employees. But from a business point of view (political posturing aside) I does make business sense.
PPACA (Obamacare) is a radical change for many businesses. Although I don't agree with these CEOs, Many of them truly believed that Romney was somehow going to heal the economy and end PPACA. Even if Romney didn't achieve that, businesses in general would have had less perceived uncertainty under Romeny and taken more risks in the form of investment and expansion giving a measurable boost to the economy.

Re:Papa John (0)

Anonymous Coward | about 2 years ago | (#41990721)

"I think it is ridiculous that he is making a political statement at the expense of his employees."

I guess you don't watch Hollywood movies or USA television, do you?
Many producers, directors, and starts will not work with others of a differing political strip.
Jay Leno, the Great Democrat, will not hire a Republican.
Dwight Schmidt (A-Team) was not hired for another series because he is a Republican.
This is a trend in the USA entertainment industry today. Just check the news.
If the Left can do it, then why can't the right?

Re:Papa John (0)

Anonymous Coward | about 2 years ago | (#41990905)

Do you think there will be similar threats if he loses this lawsuit?

Considering the amount of money he's citing that "Obamacare" is costing him, it would be comparable in cost.

Spam tastes great (2)

mrpacmanjel (38218) | about 2 years ago | (#41990003)

If they offered a spam topping on their pizza then I'll be interested.

Little rectangular squares of ambrosia..mmmmm.....pizza....

I used to get texts from Pizza Hut until I asked them to stop. However if Papa John ignored their own "stop" requests they shouldn't be surprised if they get fined (mind you $500 per text is a bit excessive).

Re:Spam tastes great (4, Funny)

6031769 (829845) | about 2 years ago | (#41990169)

Rectangular squares? I suppose you need to differentiate them from all those elliptical squares we see nowadays.

Re:Spam tastes great (1, Insightful)

azalin (67640) | about 2 years ago | (#41990231)

They should be very careful about rounded edges though.

Re:Spam tastes great (1)

pjabardo (977600) | about 2 years ago | (#41990453)

So, Apple is Spam now?

Re:Spam tastes great (0)

Anonymous Coward | about 2 years ago | (#41990375)

Rectangular squares? I suppose you need to differentiate them from all those elliptical squares we see nowadays.

Next thing you know, they'll be handing out round squares.

Re:Spam tastes great (3, Funny)

dkleinsc (563838) | about 2 years ago | (#41990181)

So you're saying you want spam, spam, spam, spam, tomato sauce, spam, spam, cheese, spam, spam, and crust?

Re:Spam tastes great (0)

Anonymous Coward | about 2 years ago | (#41990701)

So you're saying you want spam, spam, spam, spam, tomato sauce, spam, spam, cheese, spam, spam, and crust?

Tomato sauce is off!

Re:Spam tastes great (4, Interesting)

drinkypoo (153816) | about 2 years ago | (#41990559)

However if Papa John ignored their own "stop" requests they shouldn't be surprised if they get fined (mind you $500 per text is a bit excessive).

Why is $500 excessive for an act of harassment? I think you should also get a restraining order against them in the bargain, and if they send you one more text, the CEO gets jailed for 30 days.

Re:Spam tastes great (0)

Anonymous Coward | about 2 years ago | (#41990651)

However if Papa John ignored their own "stop" requests they shouldn't be surprised if they get fined (mind you $500 per text is a bit excessive).

The whole idea of an excessive fine is to have some bite in it. If you get hit with a legal fine of that amount, you probably won't be doing that illegal activity again. Cost not worth the risk.

You see, lots of people stopped having home land lines, some in part to convenience of their cell and some in part to not needing a land line, and some to try to avoid telemarketing. Since it's illegal for a corporation to send spam to cell phone users, advertisers lost out on big revenue. So they ignored the law, and it wasn't until big fines were imposed that they began to get the message, stop bothering the customers.

Culling the herd (0)

Turminder Xuss (2726733) | about 2 years ago | (#41990017)

They seem like a slow moving wounded wildebeest sort of business exhibiting obvious prey like behavior to class action jackals. I mean an actual meatspace storefront .... Please.

Re:Culling the herd (1)

RobotRunAmok (595286) | about 2 years ago | (#41990691)

actual meatspace storefront .... Please.

actually using the word "meatspace" and you're *not* a character in a bad 90's era cyberpunk novel? ...Please.

Wake-up call, That's a big dolllar right there. (0)

Anonymous Coward | about 2 years ago | (#41990049)

We could go for the anti-"Consumers do not want spam on their cell phones" dollar. That’s a good market, very smart.

Look at our research. We see that many people feel they do not want spam on their cell phones.

Now guys how shall we target them....mmm

Sounds like a Marketing-led clusterfuck (5, Interesting)

Anonymous Coward | about 2 years ago | (#41990053)

What I imagine happened is this: A marketing firm contacts Papa John's marketing about spamming sms, convinces them its a great idea.

Marketing arm of Papa Johns goes ahead on its own, resulting in this case.

At no point was any technical, legal or compliance arm of Papa Johns consulted, where they would have found people who know about this stuff due to existing business relationships with above-board SMS platform providers who would have informed them of the legal requirements for operating a sms service (opt-ins, requirement for STOP handling, etc).

Anonymous because the stuff in bold is true.

This won't go to trial, it will be settled beforehand. The case is that unwinnable for Papa Johns.

Whonix? A New Tor Distro (-1)

Anonymous Coward | about 2 years ago | (#41990079)

,b>Devs cook up 'leakproof' all-Tor untrackable platform Whonix? You'll never find out, The Man

By John Leyden | 11.13.2012

http://www.theregister.co.uk/2012/11/13/whonix/ [theregister.co.uk]

http://sourceforge.net/p/whonix/wiki/Home [sourceforge.net]

"Developers are brewing an anonymous general purpose computing platform, dubbed Whonix.

Whonix is designed to ensure that applications (such as Flash and Java etc) can only connect through Tor. The design goal, at least, is that direct connections (leaks) ought to be impossible. "This is the only way we know of that can reliably protect your anonymity from client application vulnerabilities and IP/DNS and protocol leaks," the developers explain.

The main goal is to prevent the determination of users' IP address and location. Not even malware that has buried deep into machines can access IP address information. In this way, Whonix aims to be safer than Tor anonymity software alone.

Whonix can be used in conjunction with VPN technology - routing networks through isolated remote computer networks - for even greater security.

The technology is better described as design approach or platform than as an operating system. In one example, the implementation of anonymity is provided around Tor on two virtual machines using VirtualBox and Debian GNU/Linux. Whonix can be installed on every computer capable of running Virtual Box (virtualisation software), so it supports Windows, OS X, Linux, BSD and Solaris. Running the technology on physically separate machines (a Whonix gateway and a Whonix workstation) would also work, and might provide greater security, say the devs.

The technology is currently only at an Alpha stage of early development, making it suitable for use only for the computing equivalent of test pilots.

In a post to a full disclosure mailing list last week, the main developer behind the project explains its goal and requests help from other members of the development community.

More details on the emerging computing platform can be found in a development Wiki here. The developers are pretty open about the tradeoff in using their technology (more complex set-up, potentially slower) as well as the anonymity advantages of their approach.

Paul Ducklin, head of technology in Asia Pacific for Sophos, said the approach followed by Whonix is different from the Live CDs associated with more traditional anonymity systems. This brings advantages as well as some drawbacks.

"Whonix is different from most existing 'all-in-one anonymity' systems inasmuch as the lead developer decided not to stick to the idea of a Live CD but to go with a set of virtual machines that don't need to fit on a CD or to boot from one," Ducklin explained.

"This allows much greater functionality and easier security updating."

The main disadvantage is that Whonix is more complex than comparable systems.

"The safety and security of your Whonix environment is dependent on the safety and security of your host OS, of the virtualisation software and of its configuration," Ducklin told El Reg. "The anonymity system then becomes, at worst, no more secure than the host itself. So you just took one problem (guest anonymity) and made it two problems (guest anonymity and host security).

"Whonix's size also makes its internal surface area larger than is strictly necessary. That in turn brings its own risks."

Ducklin added that there are many "tricks and traps of anonymity online", many covered by the Whonix developer. He added that users would be well advised to review these before placing their faith in Whonix (or any other approach) to shield their identity online."

http://seclists.org/fulldisclosure/2012/Nov/2 [seclists.org]

http://sourceforge.net/p/whonix/wiki/Security [sourceforge.net]

consumers do want spam on their PC's? (1)

Anonymous Coward | about 2 years ago | (#41990089)

"Consumers do not want spam"

FTFY

Re:consumers do want spam on their PC's? (1)

ArsenneLupin (766289) | about 2 years ago | (#41990501)

But unfortunately spam on PC does not pay $500 per message. Or else I could give up my day job, and make a good living off that strange Arabic spam I get from google...

On their cell phones? (0)

Anonymous Coward | about 2 years ago | (#41990111)

"This should be a wake-up call to advertisers. Consumers do not want spam on their cell phones."'

Let the truth set you free. CONSUMERS do not want spam ANYWHERE.

WAH !! YOU NO LIKA MY PIZZA PIE !! (0)

Anonymous Coward | about 2 years ago | (#41990121)

You a craxy, nuh !! I be a Papa John !! I be a da footballa pizza man !! You no wanna my pie, you a no can hava my pie, nuh !! Ana my a reaka nama isa Luigi, ana Ia spita ina youza pie alladatime, nuh !! A nowa Ima gonna shita ina youza pie, nuh !!

Power of The Anus (-1)

Anonymous Coward | about 2 years ago | (#41990137)

How many of their large sized pizzas can fit inside the human rectum?

Well this sure sucks (1)

AvderTheTerrible (1960234) | about 2 years ago | (#41990161)

Man, it really sucks that Papa Johns would do crap like that, with the texting and threats of layoffs and reduced hours. What a cheapskate that guy is. Too bad they make the best pizza out of the three big chains. Now I might have to consider not eating it on ideological grounds.

Jerks.

An Ad Agency (1)

betona (1084525) | about 2 years ago | (#41990177)

I knew it before reading: yet another ad agency. So many marketing firms worldwide have waded deep into the technology pool without any understanding at the leadership level, much less the tactical level about the very basics of IT operations and management that have been honed for decades. From quality to security to legality (in this case), it's go-go-go-launch-and-move-on with people with marketing backgrounds making the calls, pressuring their underling tech people to deliver at all costs.

Well... (5, Insightful)

Ronin Developer (67677) | about 2 years ago | (#41990225)

Couldn't happen to a "nicer" guy. He was so angry about the $0.14 per pizza he would have to spend to give his employees healthcare coverage that he will now be paying out the equivalent on healthcare costs for an entire state and with nothing to show for it.

Oops.

Stupid is as stupid does.

Devoid of facts (1)

kenh (9056) | about 2 years ago | (#41990229)

"The sum total of Plaintiff's allegations appear to be that she received one or more unspecified text messages about pizza or related products on her cellular phone."

Seems to me the company that Papa John's (or it's franchisees) hired to run the campaign is responsible for deciding who gets the messages... Unless, of course, there is a document from Papa John's or it's franchisees directing the third-party to either ignore requests to remove numbers from the campaign OR instructed the vendor to send text messages to anyone without regard for their desire to receive such messages.

I find it hard to believe that either Papa John 's or it's franchisees would be dumb enough to write such instruction to the third-party running the campaign.

Hiring a hitman (1)

raymorris (2726007) | about 2 years ago | (#41990473)

It could be argued that unless they specified in the contract that it was to be opt-in, or double opt-in, they are responsible, especially given evidence that they knew it was "probably illegal". "I told the hit hitman to 'get rid of him', I didn't specifically say 'kill him'" doesn't fly.

You just activated (0)

Anonymous Coward | about 2 years ago | (#41990273)

Papa john's [funnyjunk.com] .

That would buy a lot of health care (4, Interesting)

WOOFYGOOFY (1334993) | about 2 years ago | (#41990373)

he pizza maker could have to pay damages of $500 per text message, or US$250 million, one of the largest damage awards under the 1991 law...

That would have bought some health care for their employees.

According to Forbes magazine, it would cost Papa Johns 5 cents per pizza to provide health care to their employees.

http://www.upi.com/Health_News/2012/11/14/Forbes-Papa-Johns-ACA-cost-5-cents/UPI-54101352940627/ [upi.com]

It never was about the nickle and it never was. Most species of apes, specifically the males, assert their sexual dominance by keeping more of the good stuff - whatever that might be- for themselves than they can possibly use. This is so they can broadcast the fact of their dominance to females .

I think it's safe to say that the owner of Papa Johns is a physically unprepossessing specimen, basically he looks like some guy on your neighborhood watch.

http://www.politico.com/politico44/2012/08/papa-johns-obamacare-will-raise-pizza-prices-131331.html [politico.com]

Without a mindset that causes him to spend his life seeking, acquiring hording and displaying his wealth, he'd never get laid, or at least, he would not get as laid as he feels he should be.

In making a show of denying those under him healthcare, and especially by talking about how little it would cost him to provide those benefits as per the article above his primordial mind is attempting to broadcast the fact of his sexual dominance / desirability to available females. That's what's going on here.

When shit as demented as "No nickle for healthcare !!!! " becomes that public and is even paraded around by the perps themselves, you have to go to waaaaay back in evolutionary time to find the part of their brain that's being activated.

It's amusing that the conservatives who deny evolution is real seem also to be the people whose motivations are most clearly amenable to forces governing basic evolutionary processes.

Papa John's (0)

Anonymous Coward | about 2 years ago | (#41990397)

It is in sync with their political views which I don't like either. http://www.politico.com/politico44/2012/08/papa-johns-obamacare-will-raise-pizza-prices-131331.html Faux News will now tell us this is conspiracy by the Obama administration.

Screw papa john's (0)

Anonymous Coward | about 2 years ago | (#41990441)

Any pizza place that narcs pot smokers deserves only our contempt.

Wonder if this will - (0)

Anonymous Coward | about 2 years ago | (#41990491)

'force' him to raise the price of his garbage pizzas? I mean just this year he was kvetching that 'Obamacare' would make him raise the price by a dollar per pie. This guy is STUPID. Anyone in business who does not understand the law does NOT permitt you to spam cel phones. And more, only a rude bastard would dare to spam the cel phones - one who does NOT deserve your business nor mine.

Maybe there is a lesson here... (1)

erp_consultant (2614861) | about 2 years ago | (#41990541)

I hope that other companies are paying attention to this. To me, unwanted texts are particularly annoying. I'm already used to finding dead tree junk mail in my mailbox and junk email but there is something about junk texts that just seems... sleazy. News flash Papa...if I want to order a pie I know where to find you. No need to spam me with junk texts. Maybe the problem is that in order to receive text messages I have to pay for them, unlike email and tree mail.

If they get hit with the $250M fine we all know what will happen...low paid pizza workers will get laid off. Law firm gets rich(er). Consumer ends up getting the award in the form of a coupon for the next Papa John's pizza. The only positive outcome will be if other companies see this and decide not to follow that path.

Nice followup (1)

HangingChad (677530) | about 2 years ago | (#41990583)

Nice followup to the Obamacare PR fiasco, dipshits. Alienate half your customers by being a dick about providing health care coverage for your employees and then top that by spamming everyone's cell phones with unwanted texts.

One more is a hat trick. You're this close to the stupid trifecta, might as well go for the gold.

Maybe announce you don't want to pay for birth control and alienate your female customers. Or rape comments are all the rage these days, though it would be hard to come up with any new material on that topic.

If you don't want spam text (0)

Anonymous Coward | about 2 years ago | (#41990777)

then why given them your phone number? I don't mean when you order delivery. I would hope they don't phish those numbers. These people probably signed up for some text alert thing. Now they are getting alerts. duh.

Thousands per week? (1)

wisnoskij (1206448) | about 2 years ago | (#41990841)

Like to each person on their list?

They must of contracted out this advertising and paid per spam message, because no one would think that that would drum up business.

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