Mobile marketing company Ez Texting has 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.

Mobile Marketer?s Dan Butcher interviewed Shane Neman, CEO of Ez Texting, New York. Here is what he had to say:

Why did Ez Texting file suit against T-Mobile?
The fact is that T-Mobile cut off our short code, and put my business in jeopardy, without any warning, without any justification and without any appeal. 
 
What was T-Mobile's reasoning for blocking EZ Texting's short code?
I was told that T-Mobile did not approve of the Web site Weed Maps [a medical marijuana dispensary] http://legalmarijuanadispensary.com/ using our short code 313131 to legally opt-in consumers into their SMS marketing program.

This is far more serious than a simple technical process issue that they are currently claiming.

The issue here is the unlawful blocking of text messages by T-Mobile.

Consumers have a right to send and receive text messages with whomever they wish. You could not take away someone's telephone number in the same way T-Mobile cancelled our short code.

The FCC has found that text messages are calls, and that it is illegal for common carriers, like T-Mobile, to block calls.

Consumers have just as much a right to send and receive text messages as they do any other type of call.

T-Mobile is harming consumers with its unlawful and unjustified blocking.
 
Why is this an important lawsuit in terms of setting a precedent for the wireless/mobile industry?
If T-Mobile takes a stance on blocking lawful content on medical marijuana, does this mean they are going to take a stance on all issues?

What about gay marriage? Does T-Mobile plan on blocking information on that? Where does it end?

Imagine if a licensed medical marijuana business had a toll-free 800-number on its Web site. Could T-Mobile block its subscribers from making calls to and from that number?

Should T-Mobile be able to screen what 800-numbers its consumers can access based on T-Mobile's preferences?

Could they block calls to Verizon Wireless, their competitor?

I think that it is time T-Mobile thinks twice about its current discriminatory practices and stops deciding what content Americans can have access to and with whom they are allowed to exchange texts with.

Click here to view the first legal document.

Click here to view the second legal document.

Click here to view the third legal document.

Click here to view the fourth legal document.

Final Take
Clarification: Mr. Neman meant to say that Americans sent out 1.5 trillion texts last year.

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