Spam Text Message Cases
Do you get unwanted marketing text messages or prerecorded voice calls? You may be entitled to compensation.
Understanding the TCPA
Unwanted text messages can be more than just an annoyance; they can infringe upon your privacy rights as a consumer. Thanks to the federal Telephone Consumer Protection Act (“TCPA”), you can recover between $500-$1,500 per violation.
The TCPA, which was passed by Congress in 1991 and later strengthened by the Federal Communications Commission (“FCC”), was created to protect consumers from the invasive and often harassing practices of telemarketers, including unwanted text messages. Under the TCPA, it is illegal for companies to send unsolicited text messages or make automated calls without prior consent. The law imposes strict regulations on each text or call made without this consent.
Registering for the National Do Not Call List
One of the key ways to protect yourself from unwanted marketing text messages or calls is by registering your phone number with the National Do Not Call List. . This list contains the phone numbers of consumers who wish to avoid telemarketing calls, including text messages. Here's how you can do it:
Visit the National Do Not Call Registry website: You can access the registration page here.
Register your phone number: Enter the phone number you want to protect and a valid email address.
Verify your registration: You will receive an email with a link to confirm your registration. Click the link to complete the process.
Wait 31 days: It may take up to 31 days for your registration to become fully effective. After this period, most telemarketers should cease contacting you.
Recovering Damages for TCPA Violations
The TCPA provides consumers with the means to seek damages from companies that violate the law by sending unwanted text messages and calls without consent. If you are registered on the Do Not Call List for at list 30 days, and still receive such messages, you may be entitled to financial compensation ranging from $500 to $1,500 per violation. To pursue these damages:
Document the violations: Keep records of the unwanted messages. Saving a screen shot of the text message or voicemail is a great way.
Cease communication: Respond to the unwanted text message by replying with "STOP" or "OPT-OUT." Legitimate companies should respect your request and stop sending messages. If you continue to receive marketing text messages after you reply STOP, that is an additional violation.
Seek legal advice: If the messages persist or if you believe your rights have been violated, contact us right away, and we will be happy to help.
Note: If you don’t recognize the sender of a call or message, the sender may be a scammer. Don’t answer these messages! If you do, the scammer may target you for more unwanted text messages, or your number may be shared with other scammers.