About the Site
StopSpamTextMessages.com is a free resource for victims of text message spam provided by Sonn Law Group. On this site, people who have been the targets of text message schemes can learn about the laws regulating text spam, learn the steps to take after receiving spam texts, and can submit their spam text information to see whether they may be entitled to financial compensation.
Why Are Spam Text Messages a Problem?
A spam text message is a problem for several different reasons. To start, spam text messages are a waste of your time. If you receive a large amount of spam texts, they can clutter up your inbox and cause you a huge amount of unwanted hassle.
In addition, spam texts could potentially take money out of your pocket . If you are required to pay your cell phone providers based on the amount of text messages that you receive, each one of those useful spam text messages can take money directly from you in the form of fees.
Finally, spam text messages are often sent as part of a fraud scheme. In some cases, these text messages are designed to induce investment fraud. In other cases, the spammers are focused on committed consumer fraud. In either case, vulnerable people bear the brunt of the impact.
Anti-Spam Text Messages Law: The Telephone Consumer Protection Act (TCPA)?
The key federal law that protects you against spam texts is the Telephone Consumer Protection Act (TCPA). Passed by Congress and signed into law by President George H.W. Bush in 1991, the goal of the TCPA is to fight back on a wide range of electronic spam. There are other related laws that protect consumers from text message spam as well. For example, the CAN-SPAM Act, while generally used to address spam e-mails, also applies to spam text messages in certain circumstances.
Notably, TCPA is a statute that contains a private right of action. This means you can file a lawsuit against the violator. Under this federal law, a victim is authorized to recover up to $500 to $1,500 per spam text message violation. Generally, victims are required to prove that the defendant willingly and knowingly violated the law in sending the spam text messages to be eligible to recover this compensation.
Three Steps to Take If You Have Received a Spam Text Message
If you or your family member was a victim of spam text messages violations, it is important that you know how to protect your rights. At this point, you should be sure to do the following three things:
- Preserve the Spam Messages: If you received a spam text and you are considering taking legal action, you need to save the specific text messages. Similar to all other legal cases, evidence is the key to success in any spam text message claim. If you delete the original text, you are losing a key source of evidence.
- Document All Available Information: With text message spam, you should document all of the available information that you can find. Beyond saving the violating text, should also take a photograph or screenshot of the text message. Be sure to write down the number and record any other relevant information that you have that is relevant to your claim.
- Contact a Consumer Protection Lawyer: Finally, you should be ready to consult with a qualified attorney. Your lawyer will be able to help you take whatever action is appropriate in your case. This often starts with reporting the spam text message. If you or your loved one was the victim of consumer fraud or investment fraud in relation to the spam text, additional legal action may be required beyond a TCPA claim.