FedEx Text Messages May Be in Violation of the TCPA

Consumer advocates are concerned that FedEx text messages sent to consumers that are indicative of package arrival status may be in violation of the Telephone Consumer Protection Act (TCPA).

The TCPA was passed in 1991. The object of this law is to protect the public from unsolicited telemarketing attempts through the use of automated telephone dialing equipment, short message service (SMS) text messaging, and fax machines. The use of these FedEx text messages may not be consistent with this law.

The TCPA established several rules regarding the use of our ever-evolving communications technology in order to protect the privacy of U.S. citizens. Today, there are many courier companies which send automated notifications about expected delivery times to consumers which may or may not have provided consent to receive these communications.

In addition to FedEx sending text messages, the other courier companies potentially involved in this practice are UPS and DHL Express. It is against the law specified under the TCPA for companies like these to send automated text messages without getting the explicit permission of the recipient ahead of time.

The FedEx text messages at issue are allegedly made using autodialing equipment. Autodialing equipment is also used with telephone calls and pre-recorded messages. This equipment has strict regulations surrounding its use.

These regulations extend to whether the equipment was used to reach a landline-based, cell phone-based, or fax machine-based customer. With both the landline and cell phone, text communications are possible.

TCPA Rules Governing FedEx Text Messages

The TCPA says that companies cannot contact consumers using an autodialing system or use pre-recorded messages and text messages without first seeking and gaining permission from the individual.

Violations of the TCPA have been reported by individuals who say they received contacts from courier companies with whom they have not had any prior business contact or developed relationship.

A secondary violation occurs when these FedEx text messages or messages from other delivery companies do not provide avenues for ending the communications such as an opt-out choice.

Companies are supposed to keep their own organization-specific Do Not Call list and maintain it for five years. The failure to provide an opt-out choice is a failure to maintain and comply with this requirement.

Companies are also not allowed to contact people on the National Do Not Call Registry. The knowing or willful failure to honor this system carries a statutory damages penalty of $500 per call as do other violations of the TCPA.

If a consumer can prove that a company has willfully—despite having all necessary legal knowledge—harassed them through the use autodialed text messages or phone calls, damages can be assessed as high as $1,500 per incident.

Robocall class action lawsuits have been filed against companies that have repeatedly ignored the legal parameters of the TCPA. Because the cost of fighting these in court is so high, often companies have chosen to reach settlements on the issue..

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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