Spam text messages are an everyday reality. Many recipients reply “STOP” to opt-out from the unwanted promotional texts. But when companies insist on continuing to send spam text messages, individuals have the right to legal recourse—such as filing a class action lawsuit.
Federal law requires that companies maintain an internal do-not-call list and honor opt-out requests. The Telephone Consumer Protection Act (TCPA) protects individuals from being harassed by telemarketers sending spam text messages. Violations of the law can result in steep fines.
Monetary damages awarded to consumers who receive unsolicited text messages can run as high as $1,500 per text message. Joining a class action lawsuit can help these individuals secure compensation at trial or receive a lump sum through a settlement.
However, individuals considering a class action lawsuit against a company that continues to send spam text messages should be aware that settlement amounts can differ even if the litigation is a success. Stopping the spam text messages should be the priority over receiving compensation.
What is the Telephone Consumer Protection Act?
Unsolicited telemarketing calls have characterized American consumerism for decades. In order to protect Americans from unwanted telemarketing calls, President George HW Bush created the TCPA in 1991. The federal law, which is regulated by the Federal Communications Commission (FCC), discourages unsolicited telemarketing activities.
The FCC’s authority and oversight ensure consumers’ requests to be added to a company’s do-not-call list are not violated. Companies must also abide by the National Do Not Call Registry maintained by the Federal Trade Commission (FTC). Consumers are protected from business’ profit-making messages.
What are examples of telemarketer violations?
Companies are required to have consumers’ consent before regularly corresponding with them. If a telemarketer sends spam text messages, the company that hired them is in violation of the TCPA. Prohibited activities are numerous and include the ones that follow.
Sending a text message before 8 a.m. or after 9 p.m. in the consumer’s time zone is unlawful. Companies that fail to maintain a do-not-call list are also in violation of the TCPA law. Sending automatically generated texts is another activity prohibited by the TCPA.
Do consumers need to gather evidence of spam texts?
Success in a class action lawsuit against a corporation requires ample evidence. Consumers should maintain records of the spam text messages, including the “STOP” messages they sent to discontinue the unsolicited communications. If the company ignores the request, individuals have a basis for a claim.
A strong legal case can be made when individuals provide evidence showing the texts they received were automatically generated and not sent by a live person. It’s important to maintain records of the date of the initial request to be placed on the DNC list and all messages sent afterward.
Individuals interested in pursuing legal action should not delete the spam text messages. Rather, keep them on the phone or take screenshots of the messages. The texts contain valuable information, such as the date, time, sender’s phone number, and content. Third-party apps can also save messages.
How common are class action lawsuits?
Filing a class action lawsuit against a corporation for violating the TCPA is not uncommon. A class action lawsuit was filed in October 2022 against Hallmark by an individual who repeatedly opted out of the company’s barrage of spam text messages but continued to receive them.
Similarly, in March 2023, a woman took legal action against the retail giant Amazon for continuously sending her and other consumers constant telemarketing offers despite having responded with “STOP” multiple times. She filed a class action lawsuit in Oklahoma federal court.
Taking legal action against a business for continuing to send spam text messages even after opting out can cause harm to individuals in the form of annoyance and invasion of privacy. Americans have the right to not be contacted by businesses without their prior consent.
Despite the TCPA being a federal law, violations are not processed in federal court. Rather, they are litigated within the constraints of state law. This means victims of spam text messages must file their legal claim in their state’s court system.
Since laws differ in each state, individuals filing a class action lawsuit against a corporation face varying restrictions and requirements. The legal proceedings against the company in violation of the TCPA are subject to change depending on the laws of the particular state.
Hiring a class action law firm that is knowledgeable about the laws in the state is advisable. A class action attorney can review the details of the issue, determine whether TCPA rules have been violated, and assess the amount of potential compensation to be awarded.
Call Anderson + Wanca
Anderson + Wanca is a class action law firm with experience litigating cases involving TCPA violations. Consumers do not need to tolerate a stream of unsolicited text messages from businesses seeking to profit from them—we hold companies accountable for their grievous actions.
Our class action lawyers carefully review the details of your case to see if you are eligible to receive compensation. If a class action lawsuit is warranted, our firm provides strong legal representation to hold the violating companies liable for their illegal activities. We’ll also help you gather the evidence.
Receiving spam text messages is not only a nuisance but a danger. Some messages may be sent by malicious spammers attempting to defraud recipients or steal their identity. Remember that companies who send text advertisem*nts must have the consumer’s written consent.
Anderson + Wanca is committed to serving the legal needs of consumers who have been wronged by businesses. Our skilled lawyers are unintimidated by major corporations and possess the skill to navigate the complex court systems so that you receive the compensation you deserve.
Consumers shouldn’t have to tolerate illegal spam text messages. The class action lawsuit attorneys at Anderson + Wanca will review your claim at no charge at our Rolling Meadows, Illinois, office. We also provide effective representation across the US. Call today and speak with our qualified lawyers.
