First off, if Burger King was sending her text messages, they knew this was a cell phone. Second, in order to receive these messages, she probably supplied her phone number -OR- texted some code to a number setup by Burger King. Seems to me this woman shouldn't have signed-up for these messages, or should have canceled them when they were no longer wanted. How she thinks $5million is proper compensation for her own stupidity is beyond me.
I signed up for Pancheros text messages to get some free chips and queso. They send me like 1 text message a week, and its always a coupon for free chips and queso/guac/salsa good for that day only. A $3 coupon for what is essentially a free text message (with my data plan), I can't complain.