Suing Spam Texters: What You Need to Know About Text Message Lawsuits

Published on: Sep 20, 2018


Are you receiving spam text messages on your cell phone? If so, you are no doubt getting sick of it.  Spam texts are not only annoying, but they can also be expensive. You may be getting these illegal text messages from a marketer, a debt collector, a fraudster, or as part of a phishing scheme. In any event, your legal rights are being violated.

Federal law prohibits the sending of unwanted spam text messages. At Sonn Law Group, our skilled spam text message attorneys have the skills and experience required to protect your legal rights and financial interests.

If you are receiving unwanted spam texts, we can help to make it stop and we will fight to hold the responsible party accountable. In this guide, our legal team offers an overview of the most important things that you need to know about spam text message lawsuits.

Understanding the Scope of the Problem: Who Sends Spam Texts and Why?

Spam text messages are sent for many different reasons. Though, these cases share an important commonality: the spam texter is trying to get money out of your wallet. Generally, spam texts fit into one of three different categories:

  1. The spammer is trying to market or sell you something;
  2. The spammer is trying to collect money from you; or
  3. The spammer is trying to get information that can be used to defraud you.

In all three cases, spam texts are illegal. First, spam texting is not a fair or legal method of marketing. Companies cannot bombard you with unwanted texts messages to try to sell you on their product or service.

Beyond marketing, another major source of spam text messages comes from debt collectors. Under federal and state regulations, debt collectors are not permitted to use spam text messages to attempt to collect.

Finally, perhaps the single biggest source of spam texts comes from fraud schemes. Spam texters try to use phishing schemes and other tactics to get sensitive information from recipients in order to pull off serious financial fraud.

Spam Text Messages are Illegal: Your Rights are Protected by Federal Law

The Telephone Consumer Protection Act (TCPA)

Under federal law, you have a right to stop spam text messages. Under the Telephone Consumer Protection Act (TCPA), businesses and other commercial operators are prohibited from sending unsolicited, unwanted text messages to non-consenting parties. What if you never actually put your phone number off the official Do-Not-Call registry? It does not matter. The TCPA prohibits all unsolicited messages. If you signed up to receive text messages from a company, they can send them until you tell them to stop doing so. However, if you never consented in the first place, you should not be receiving these messages.

Under the TCPA, spam text message violations are taken very seriously. For each offending text, the victim may be entitled to $500 to $1,500 in financial compensation. If the court determines that the spam texter was knowingly and willfully violating federal law in sending the messages, the maximum financial penalties will be applied.

Other State and Federal Anti-Spam Text Messaging Laws

The TCPA is the most important law that protects you against spam text messages. Though, in certain cases, there are other laws or regulations that might apply as well. For example, theCAN-SPAM Act protects against certain types of email-related spam.

As another example, if you received spam text messages from a debt collector, you may also have a claim under the Fair Debt Collection Practices Act (FDCPA) in addition to the TCPA claim.

Finally there are laws, such as Florida’s Electronic Mail Communications Act, that may also be implicated. No matter the specific circumstances of your claim, your case should be reviewed by an experienced spam text message attorney.

Three Tips to Help You Win a Text Spam Case

  1. Do Not Delete the Spam Text Message

If you are considered taking legal action against the spam texter, it is imperative that you preserve the text message. Without the text message, it will be far more difficult to bring a strong legal claim. That spam text message is your evidence that you were subject to a violation of the TCPA. You should save the original messages, take a screenshot of each message, and write down everything you know about the spam texts.

  1. Compile as Much Information As Possible

With spam text messages lawsuits, you need as much information as possible. One of the hurdles in spam text messaging cases is identifying the offender party. The spam texter may try to hide themselves through a web of shell companies or fraudulent phone numbers. It is crucial that you get all of the information you can into the hands of an experienced attorney.

  1. Get a Lawyer By Your Side

If you have received spam text messages, it is highly recommended that you hire a top-rated TCPA violations attorney. These claims can be challenging. At Sonn Law Group, we have deep experience in handling a broad range of financial fraud claims. We are committed to holding bad actors accountable when they violate the rights of innocent people. Our attorneys have the skills and experience needed to stop spam texts and help victims recover just compensation.

How to Get Money From Spam Texts: Speak to Our Lawyers Now

If you have received spam text messages, your rights have been violated. Period. Money damages may be available to you. Under federal law, you may be eligible to recover $500 to $1,500 for each spam text message that you receive. At Sonn Law Group, our experienced spam text message lawyers will:

  • Review your case to determine if you are eligible for compensation;
  • Report the offending text messages to the FTC;
  • Take the appropriate action to make the spam texts stop;
  • Help you research and gather all relevant evidence; and
  • Take legal action to hold the spam text liable and get you the maximum recovery.

We are proud to be strong advocates for consumers. If you are receiving spam text messages, give us a call toll free at 1-855 SPAM-TEXT or complete our online information form. We will get back to promptly with guidance on potential compensation that could be available.

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