A consumer negotiated with a telecommunications company's sales representative via text messages, concluding with agreed-upon terms for the provision of communication services. Subsequently, the company sent the consumer an email containing a transaction summary that included different terms from those agreed upon in the text messages, including additional charges. The consumer did not respond to the email. In practice, the company charged the consumer amounts higher than those agreed upon in the text messages.
The Court held that the company will compensate the consumer for the overcharges and pay him damages. Agreements in text messages are a binding contract, which a party may not alter unilaterally in a later document relying on the customer's silence. Here, after the transaction terms were agreed upon via text messages between the consumer and the sales representative, the company sent a different transaction summary document and collected excess funds based on it. Therefore, the company will compensate the consumer.