As I said, it depends on the state. I don't know the laws in Washington, so I am not going to say it is legal there. That does not mean they did not do it, just that, if they did, and it is illegal, they will eventually pay. as for it being a hoax, that is certainly possible, but I still support the idea of a business being able to do this.
Agreed, which is why I prefaced it with the disclaimer that I'm no lawyer. What may seem patently illegal to the average person may, in fact, actually either be a protected action under the law or an act that has yet to be challenged in court, therefore NOT illegal (as opposed to legal).
What I find interesting is how this story grew arms and legs, at least on internet message boards. If I recall correctly, I believe this may even have been linked on Drudge. Not that Drudge is necessarily an infallible source; however, it appears that there's very little scrutiny given to something like this just because it's the internet.
When I was in the military, a young officer was getting ready to brief the Boss on something that involved statistics. He was going to use a piece of paper with his hand-scratched calculations to support the figures he was going to use in the briefing. I told him to go ahead and print it out over the computer. My real reason was because it would be a neater and more professional presentation. But I jokingly said, "if it's a computer printout, nobody questions the math." To some extent, that was probably more true than any of us would care to admit.