Frosted Ice Cream Customer Faces the Cooler; Appellate Court Warms to the Task
An annoyed Cold Stone Creamery customer was arrested and convicted for repeatedly leaving lengthy, vulgar voicemails on the company's customer complaint line. The Court of Appeal reversed, freeing the annoyed customer.
I scream, you scream, we all scream for ice cream.”
An annoyed Cold Stone Creamery customer was arrested for repeatedly leaving lengthy messages on its customer complaint line that regularly used the “F” word and claimed, among other things, that he had been “ripped off” by purchasing a 48 ounce package of ice cream, but receiving less than that.
Rather than return his phone call, Cold Stone Creamery made a complaint to the police. Prosecutors in the coastal county of San Luis Obispo then charged the annoyed customer with use of a telephone to address another person with “obscene” language or “threaten physical injury” with the “intent to annoy” the other person, a crime in California. (California Penal Code section 653m(a).) After being convicted, the annoyed customer appealed.
The California Court of Appeal, in People v. Powers (Mar. 2, 2011) No. B218687, agreed that his calls may have been annoying, but found that they were not “obscene” and did not “threaten physical injury” to any person, as required by the California Penal Code.
Does anyone have a suggestion for a new Cold Stone flavor based upon this annoyed customer? Add them to the comments below!
Note that, while this is the April Fool’s Day special edition, this case is very real.
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