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Many cell phone plans allot a person a certain number of texts each month and charge for every text over that limit. This is for both texts sent and received.

Now, phone calls can be denied, but texts cannot.

Let's say a person (Reuven) sends his friend (Shimon) a bunch of spam texts, which ultimately causes Shimon to go over his texting limit. Let's also assume that Reuven knows what plan Shimon has and deliberately sends him enough texts to cause him to go over.

Can Shimon refer the overage to Reuven to pay, as it was because Reuven sent the texts that Shimon was sent the bill?

Issues to consider: gerama, hezik she'eino nikar, and is this even considered nezek to begin with. Not to the exclusion of others I haven't thought of.

  • 4
    You can disable all texts. Just call your service provider – Double AA Jul 7 '17 at 19:14
  • Most plans allow texts from specific numbers to be blocked. The question would be if someone sends sufficient texts to cause the runover before the number can be blocked (such as over shabbos). – sabbahillel Jul 7 '17 at 19:22
  • The biggest issue you haven't mentioned would be if the sender intentionally did this in order to have the receiver accrue extra costs. Kavanaso lihazik by a gramma is what this would then be. Yesh ladon if stam spam qualifies. – user6591 Jul 7 '17 at 19:34
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    "Spam" is a vague term. I think every user understands that they will be receiving spam texts, inevitably. In NY state, I think Senator Schumer is trying to pass a law to prevent this. But, until that happens, it becomes the user's responsibility to block the spam texts (I understand that some carriers do allow receiving specific text users or blocking numbers.) Otherwise, since by definition spam is "built in" to the contract, it seems that you automatically agree to receiving unlimited texts from anyone. – DanF Jul 7 '17 at 20:34
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    @Gary See Shemos 21:14: וְכִֽי־יָזִ֥ד אִ֛ישׁ עַל־רֵעֵ֖הוּ לְהָרְג֣וֹ בְעָרְמָ֑ה מֵעִ֣ם מִזְבְּחִ֔י תִּקָּחֶ֖נּוּ לָמֽוּת׃ (ס) - premeditated murder against "one's friend." – DonielF Jul 9 '17 at 2:52

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