California man sues Dems, Tim Ryan, Biden campaigns over robo text messages
A San Fransisco area man is making a federal case out of what he says are unwanted political Robo texts from political campaigns of U.S. Senate candidate Tim Ryan and President Joseph Biden.
Kin Wah Kung of Fremont, California, has filed a civil complaint in U.S. District Court against the Democratic National Committee, the Ohio Democratic Party, the Biden for President Campaign, as well as congressman Tim Ryan’s Senate campaign.
Kung claims to have received a couple of texts two years ago seeking his support of Biden’s presidential bid.
According to the complaint, after Kung responded with texts asking that the campaign stop sending the messages, he was promised that the texts would no longer be sent.
However, Kung says he has received texts in March, April, and May seeking political support for Tim Ryan’s candidacy.
In his complaint, Kung states that he believes the texts are coming from automatic telephone dialing systems and are in violation of the federal Telephone Consumer Protection Act, which restricts phone solicitation.
Saying that he has not consented to receive the texts, Kung writes in the complaint:
"There is no reasonable expectation that, given the political nature of text messages, a recipient who is never within Defendants' geopolitical influence would consent to receive such message, while the recipient's phone number i question appears to associate outside Defendants' geopolitical influence"
Kung says the texts have caused him harm by invading his privacy, causing aggravation, a nuisance, and disruption of his daily life, reducing his cellular telephone battery life, causing data loss, and loss of the use of his cellular telephones.
In addition to seeking an injunction to stop the texts, Kung is asking for damages in the amount of $500 to $1,500 for each violation.
As of Wednesday, none of the defendants had filed a response to Kung’s complaint.