Joanna Szabo  |  April 21, 2020

Category: FAQ

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Many different companies have been accused of sending spam text messages, including realtors, gyms, and even car dealerships. These spam text messages are not just annoying to the recipient who never consented to receive them, but they might also violate the law. Understanding what to do with these robotexts is the first step towards developing a strategy to hold those making them accountable.

Can I Block Someone Who is Sending a Spam Text Message?

Receiving a spam phone call usually gives you the opportunity to pick up the phone and ask to be taken off the list or to report the violation to the do not call list. But what happens if the unwanted communication is coming in the form of a text message?

It’s more difficult to block and report these individual numbers and it’s easy to just forget about this situation and delete the text. Some people might even attempt to respond to the spam message to try to be taken off the list.

Should I Reply to Spam Text Messages?

In the best-case scenario when receiving an unwanted text message, this could be a legitimate business sending you a genuine offer. Usually, recipients of these text messages would be protected via the Telephone Consumer Protection Act, which would enable you to take legal action for violations in receipt of unwanted text communications.

In that case, if you reply “stop”, the company is legally obligated to stop under the TCPA. However, sometimes fraud artists use mobile phone numbers to fit their criteria and might try to get you to encourage any response, using this “in” to begin to hack your phones, steal your identity, obtain sensitive personal information or scam you out of money. Taking a screenshot of the text message or not replying to it at all recommended for most people in this situation.

What is the TCPA?

The Telephone Consumer Protection Act was introduced back in 1991 as a measure to protect consumers against unwanted, technology-based solicitation. Of course, technology has advanced in the nearly three decades since the TCPA first came into play, and the act itself has shifted to encompass new technologies. Now, the TCPA covers a wide variety of communications, including spam text messages, robocalls, and pre-recorded voice messaging systems.

The most recent modification to the TCPA was in 2012 when the Federal Communications Commission revised it to include the requirement that telemarketers must obtain prior express written consent before robocalling consumers.

The 2012 change also made it so that telemarketers couldn’t use an “established business relationship” with consumers as a workaround for getting consent for calling their landlines, and required telemarketers to provide an interactive way to opt out of receiving future robocalls.

If consumers do not have an understanding of the TCPA, then they may not know that they have the ability to report violations and receive compensation—plus, businesses can continue to get away with these violations. Negligent violations of the TCPA may incur a $500 fine, and a willful or knowing violation of the TCPA may result in a $1,500 fine.

Who is Likely to Send Unwanted Spam Text Messages?

Spam text messages could be sent by any number of companies. If you never opted-in to receive this communication and especially if you requested the company to discontinue contacting you, this could be a violation of the TCPA and entitle you to legal action.

Auto and car dealerships have come under fire in recent months due to the volume of them turning to text message offers and promotions in an attempt to get you to come into their physical location.

According to a trade website, some of the problems presented by car dealership use of spam text messages include when there is no option to opt-out, when there are text messages that are not legally compliant, when there are violations of consumer protection laws regarding performing unauthorized work, when employees are using their personal cell phones to text someone, and for failing to establish a comprehensive policy for the use of text message communication.

How Do Robotexters Find My Cell Phone Number?

Spam text messages from auto dealersEvery social media site has different privacy settings. According to USA Today, if you add your cell phone number to your Facebook, Twitter, Google, or Instagram account and your privacy settings are set to allow public access to the information, you can be sure that social media is being used by advertisers to get your number. Moreover, social media sites also follow your online activity which can prove useful to marketers, too.

Additionally, if you have ever called a number that starts with 800, 888 or 900 for any reason, your phone number is placed in a large database known as the Automatic Number Identification system where your digital footprint also can be mapped.

You also might have provided your phone number without realizing it. If you signed up for a sweepstakes or any type of special offer that required you to give a phone number to the entity sponsoring such a deal, you can be sure they stored your information. However, the TCPA does not allow a business to use a previously established business relationship as an excuse to send spam texts or robocalls through an automated dialing system without receiving your permission to do so.

There’s always the chance that your number was up; literally, that your number came up on an automated dialing system that just happened to dial a sequence of numbers that matched your phone number.

No matter how robotexters find your number, spam texts can be irritating and time-consuming nuisances.

Do I Have Legal Recourse if I Received Spam Text Messages?

If you have recently received spam text messages, from a car dealership, you should consider consulting with an experienced lawyer about your ability to bring litigation against the party who sent you these unwanted communications.

It is important to keep records of any relevant messages or phone calls that you believe are violations of the TCPA in order to help make your claim as effective as possible.

Join a Free Car Dealership TCPA Violations Class Action Lawsuit Investigation

You may be eligible to join this lawsuit investigation into car dealership TCPA violations under the following circumstances:

  • You did NOT provide express permission in writing to the car dealership to receive the calls or messages.
    You did NOT purchase a vehicle from the dealership that is contacting you.

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22 thoughts onWhat Can I Do About Spam Text Messages from Auto Dealers?

  1. Bertín says:

    Add me

  2. Bonnie Stubbs says:

    I get spam call so please add me thank you

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