UPS Text Messages May Violate Federal Telemarketing Law

Consumers who have received unwanted UPS text messages may be able to hold the company responsible under federal telemarketing laws.

The TCPA (Telephone Consumer Protection Act) of 1991 was passed to protect consumers from receiving phone calls, text messages or faxes without the consumer initially providing permission to do so.

FedEx, DHL and UPS text messages often are used to alert a consumer that a package is either on route or has been delivered. In order to receive such alerts, a consumer must “opt in” to the text messaging option. Such package alerts should not be sent to the consumer unless the consumer has expressly permitted FedEx, DHL or UPS text messages to be received.

Consumer advocates are concerned these companies may be sending unsolicited text messages to consumers who did not opt into receiving them.

If a business is told a certain cell phone number no longer belongs to the intended customer, the business can be held accountable for TCPA violations. The FCC (Federal Communications Commission) allows a “one-call, no foul” rule, which allows the caller to escape liability for the first call or text message that has been sent to a reassigned number without the caller’s knowledge. After the company is told the phone number does not belong to the customer who gave original consent, all following calls or texts are subject to TCPA regulations.

Unwanted UPS Text Messages

Cell phones that receive unwanted UPS text messages use battery energy, memory, data, software and hardware that otherwise would not have been expended. The TCPA states that unsolicited text messages are a nuisance and can be considered an invasion of privacy.

The TCPA allows a recipient of a violating text message to receive $500 in statutory damages per text message. If it can be proven a text message was sent in willful violation of the TCPA, the consumer may collect $1,500 per text message.

Even if UPS text messages were sent for informational purposes only, the law does not allow an exception regarding to the company’s intentions. The consumer must expressly provide permission to receive text messages in order for the messages to be legally sent and received.

According to the UPS website regarding text messages, the company offers SMS Tracking that allows the customer to request that a shipment’s tracking status be sent directly to the customer’s cell phone number. The instructions indicate the customer will need to request SMS Tracking for each individual shipment wished to be monitored.

The instructions do not indicate how or if UPS receives permission to send tracking updates to the other phone numbers. The SMS Tracking program is intended to cover the delivery status of one shipment only. UPS text messages should not be received for any other purpose, including the delivery status of future packages, without the customer opting in for such messages on an individual basis.

Join a Free Courier Unwanted Text Message Class Action Lawsuit Investigation

If a courier company such as UPS, FedEx or DHL has violated the TCPA by contacting you on your cell phone without receiving your express consent, you may qualify to file a courier TCPA lawsuit or class action lawsuit.

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