The defendant, a consumer, had concluded a service agreement with the plaintiff, a telecom operator, for the provision of mobile telephone services. During the term of the agreement, the defendant received an SMS of the plaintiff to which the defendant responded. It later appeared that by responding to the SMS, the defendant was bound by a paying subscription of services with a sexual content.
After having received an invoice of the plaintiff for such services, the defendant refused to pay, stating that it had never ordered the disputed services.