Sending Unwanted Text Messages May Be Against the TCPA Law

The Telephone Consumer Protection Act (TCPA) was passed in 1991. It now protects consumers from being harassed by solicitation directed to telephone lines, whether they are land lines or cellular.

In the case of cell phones, if a business is sending unwanted text messages to a consumer in possession of a phone, they may be operating in violation of this law.

Sending Unwanted Text Messages Among List of Violations of TCPA

Although texting wasn’t really invented until 1993 and the height of smart phone use was still in the future when TCPA was passed by congress in 1991, using automated equipment to send unwanted text messages is still prohibited under the act as an unsolicited means of harassment over a telephone line. This is even true if the receiving consumer has an established business relationship with the sender.

In addition to sending unwanted text messages, a company can violate TCPA by:

• Calling a residence before 8 am and after 9 pm local time.
• Calling consumers that have placed their names and numbers on the National ‘Do Not Call’ Registry.
• Using automatic dialing systems that block two or more lines of another business when soliciting.
• Sending unsolicited junk faxes, also known as spam to fax lines.
• Using automatic dialing systems to call emergency lines such as 9-1-1 or hospital emergency rooms, doctor’s offices, hospital room/elder care room.
• Using automatic dialing systems to call cell phones where the consumer must pay for the call (robocalls).
• Calling consumer residences that have an automatic voice messaging system or answering machine.

What is the Do Not Call Registry?

The National Do Not Call Registry is a database of telephone land lines and cellular phone lines that belong to consumers who have expressly made known they do not want to receive solicitation calls of any kind.

Registering takes just a few minutes and can be done by phone at 1-888-382-1222 or by visiting the website established by the Federal Trade Commission (FTC), www.donotcall.gov.

If you register by telephone, it is imperative that you make the phone call from the number you wish to be on the list. Once you have registered, your request to opt out of solicitation calls is permanent and cannot expire.

Recent Myths about Cell Phone Number Disclosure

If you are receiving unwanted text messages, solicitation calls from an auto-dialer or live person, it is not because your cell number has been “released.”

An email and social media post suggesting that cell phone numbers were going to be released became very popular and was shared a multitude of times. The rumor was a myth.

Adding your cell phone number to the National Do Not Call Registry works the same way that it does with a land line. There never was a deadline to sign up your cell phone number as the rumor had indicated.

If you feel you have had your privacy rights violated under TCPA, consumer lawyers are available for a consultation.

Joining a class action lawsuit may be the best way to discourage unlawful harassment on the part of businesses to consumers. You may be entitled to statutory damages of $500-$1500 per violation.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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