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EZ Texting claims T-Mobile blocking its short code is discriminatory

EZ Texting has told a federal court that wireless carrier T-Mobile had no right to block its SMS short code either under federal law or under existing industry practice. 

The company seeks an injunction against T-Mobile.

?EZ Texting faces the imminent destruction of its business, and T-mobile?s opposition neither provides any legal support for its blocking nor explains how it would be harmed if it stopped blocking the willing communication exchanges between its customers and EZ Texting?s customers,? the EZ Texting filing for an injunction says.

EZ Texting initially filed a lawsuit against T-Mobile in response to the carrier blocking its primary SMS short code 313131.

The disagreement apparently stems from a medical marijuana dispensary that was using EZ Texting?s short code. EZ Texting alleges that T-Mobile?s decision to block its short code was unjustified and illegal.

Shane Neman, CEO of EZ Texting said his company received messages from T-Mobile that the carrier was going to block EZ Texting's short code based on the content of the Web site, which the T-Mobile considered inappropriate. 

In addition, Mr. Neman claims that one of his company representatives also spoke directly with T-Mobile and learned that the carrier was blocking EZ Texting because of the Web site.

The EZ Texting brief also noted that T-Mobile customers are able to follow weedmaps, the Twitter feed for the dispensary, using Twitter's short code.

According to EZ Texting, the Twitter feed is not different from texting WEEDMAPS to EZ Texting's short code, yet T-Mobile treats Twitter and EZ Texting differently.

Twitter's exact same actions have not resulted in the termination of Twitter's short code by T-Mobile, while EZ Texting's has and Mr. Neman deems this as discriminatory treatment.

?T-Mobile claims that hardship would result in maintaining a connection that it had maintained for three years without incident, asserting it could not protect its networks, customers and brand from EZ Texting?s ?unauthorized? use of its short code to send and receive messages from lawful businesses and nonprofits,? the filing says.

?Yet T-Mobile never reveals a single customer complaint, or a technical problem that its network faces, or how its brand would be better protected by censoring its customers? text messages,? it says.

?T-Mobile?s own blocking has caused more harm to its customers and brand than any EZ Texting messages voluntarily exchanged with T-Mobile?s customers ever could.?

Click here to view the entire filing for injunction

Final take
Giselle Tsirulnik is senior editor of Mobile Marketer