Many companies are making robocalls and sending spam text and faxes to customers who did not give written consent to receive these calls. Even though these companies are facing payments to consumers of $500 to $1,500 per call for this illegal practice now, this communication method has worked for them in the past.
Complaints reported by consumers indicate that robocalls and spam texts are being sent to them without their consent. Under federal consumer protection laws, it is illegal for a company to send unwanted text messages or make unwanted phone calls without gaining the customer’s consent.
Overview of the Telephone Consumer Protection Act
All companies in the United States must adhere to the Telephone Consumer Protection Act (TCPA), which prevents companies from using automated dialing systems to make calls or send texts to customers.
The Act also requires companies to gain the customer’s consent before making any calls or messages, and must provide instructions to stop the communications.
The TCPA was enacted in the early 1990s, after Congress received numerous complaints from consumers regarding spam telephone calls.
Under the TCPA text messages are considered calls to cellphones, which means that companies must treat text messages with the same sensitivity as phone calls. Unwanted text messages, are considered just as great of a nuisance than phone calls because they also cost the consumer money and they are unwanted communications.
Prior consent should be collected from a prior written agreement signed by the customer, with none of the messages deviating from the consent form.
In addition, companies must also include instructions for customer to discontinue the unwanted text messages, along with adhering to the company’s do not call registry.
Customers who are receiving text spam should retain all records of these messages and other communications to document the alleged TCPA violations.
Companies found in violation of the TCPA must pay consumers between $500 to$1500, with the larger being intentional violation.
Consumers who receive unwanted text spam may be eligible to file legal action for TCPA violations. Potential claimants should contact us to determine if they have a claim.
Join a Free Robocall, Junk Text, or Junk Fax Class Action Lawsuit Investigation
If you received a robocall, text message (text spam), or junk fax from, you may be eligible for compensation under the Telephone Consumer Protection Act.