Spam Text Lawsuit Alleges Dozens of Unwanted Text Messages from Sprint

Sprint Corporation is facing a new spam text lawsuit, which was recently filed by a former subscriber alleging he had received numerous unwanted text messages from the company.

According to the spam text lawsuit, Sprint Corporation had sent approximately 77 “harassing text messages” to him regarding an alleged payment that was supposedly owed to the account.

Plaintiff Zachary B. had reportedly closed his account 48 hours before the unwanted texts started coming, with the spam text lawsuit stating the texts were regarding an outstanding fee that was incurred after the account was closed. Zachary argues that Sprint violated the Telephone Consumer Protection Act (TCPA), to collect on a balance Zachary had already paid off.

Consumer Protection

The Telephone Consumer Protection Act (TCPA) was enacted in 1991 to help protect consumers against aggressive telemarketers and their persistent tactics. The TCPA prohibits companies from calling consumers at unreasonable times, and prohibits the use of certain automated dialing systems to generate and place calls to random phone numbers.

One of the most important results of the TCPA is the requirement of companies to get the consent of consumers before placing calls to them using automatic dialing equipment. This rule also applies to unwanted faxes, and the act later amended to include unwanted text messages.

Under the TCPA, companies must cease contacting consumers if they request for the communications to stop and must place the customer on their do-not-call list for the next five years.

Overview of Spam Text Lawsuit

According to the spam text lawsuit, Zachary had paid $324 and closed his Sprint account on April 30, 2018. Zachary had reportedly left Sprint to join another telecommunications company, which required him to close his Sprint account before doing so.

This means that there were no outstanding payments, he says, and that the unwanted text messages should not have been sent. Zachary alleged he had received no less than 77 harassing text messages from Sprint after closing his account, with messages such as:

“Your service has been temporarily restricted due to nonpayment or plan restrictions. Please call *3 to make a payment or *2 to review your plan. Msg 2126,” the spam text lawsuit states.

The spam text lawsuit claims Sprint also allegedly sent at least 19 texts by May 1, 2018, to which Zachary had replied “STOP,” but the messages continued.

The spam text lawsuit alleges “Sprint sent or caused to be sent no less than 77 harassing text messages to plaintiff’s cellular phone between April 2018 and the present day.”

In addition to the alleged TCPA violations, Zachary also states his cellphone subscription service suffered and he was forced to regularly recharge his cellphone due to the constant barrage of texts. Furthermore, Zachary says he suffered emotional anguish from the anxiety caused by the unwanted text messages.

If a company is found to be in violation of the TCPA, the penalties can range between $500 to $1,500 per violation depending on whether or not willful intent can be proven.

Consumers considering filing their own spam text lawsuit should keep records of their communications with the company, including requests for the messages to stop.

This Spam Text Lawsuit is Case No. 4:18-cv-02188, in the U.S. District Court for the Southern District of Texas.

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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