TCPA Class Action Lawsuits: Text Message Spam 101

As technology changes, advertising could potentially become more and more intrusive. However, federal laws have been enacted to discourage certain types of electronic advertizing to protect consumers from harassing advertisements.

The Telephone Consumer Protections Act

The Telephone Consumer Protections Act of 1991, or TCPA, was enacted by Congress to counter the growing concerns — and irritation — about then-new telemarketing technology. Specifically, advancing telephone technology made it easier for companies to use auto-dialers to call large numbers of consumers at very little cost to the companies making the calls. Similarly, companies began to use fax machines to send unsolicited advertisements to customers. In both cases, these calls were not only an inconvenience, but often cost consumers and companies money. The act amended the earlier Communications Act of 1934.

TCPA class action lawsuits have resulted in millions of dollars for consumers.

TCPA Provisions

The TCPA created many restrictions for telemarketers. Among the most well-known is the National Do Not Call List. The list is phone numbers of consumers who have opted out of receiving unsolicited telemarketing calls.

The TCPA also places other restrictions on telemarketers. For example, it requires telemarketers to provide their name and the name of their company when calling. Additionally, the TCPA requires that auto-dialers cannot use more than one phone line in a business, preventing businesses from having banks of auto-dialers. Telemarketers are forbidden from calling emergency numbers (such as 911). And, telemarketers are only allowed to call during certain times of day.

The TCPA provides for fines and civil action against offenders. A telemarketer can face hundreds, or even thousands of dollars, in penalties for violating the law. TCPA class action settlements can also award consumers compensation for TCPA violations.

TCPA Class Action Lawsuits

Several court cases have codified various elements of the TCPA. Since telemarketing is a multibillion dollar industry, cases were immediately filed, challenging the constitutionality of the law. However, both of the test cases, Moser v. FCC, 46 F.3d 970 (9th Cir. 1995 and Destination Ventures Ltd. v. FCC, 46 F.3d 54 (9th Cir. 1995) ended with a finding that the Act was constitutional and within Congress’s authority.

However, other issues remained. The TCPA was somewhat unusual in that it was a federal law, but most TCPA lawsuits take place in state courts. The case Mims v. Arrow Financial Services, LLC, __ US __, 132 S. Ct. 740, 181 L. Ed. 2d 881 (Jan. 18, 2012) fixed these jurisdiction issues.

A 2009 case also made a critical contribution to the interpretation and enforcement of the act. The case, Laci Satterfield vs. Simon & Schuster, Case No. 07-16356, filed in the United States Court of Appeals for the Ninth Circuit, determined that for the purposes of the Act, text messages count as “phone calls.”

File a TCPA Class Action Lawsuit Claim

The TCPA is designed to be enforced at least partially through civil lawsuits. Many TCPA violations have been settled through class action lawsuits. Class action TCPA lawsuits may have settlements of millions of dollars.

If you’ve received unsolicited text messages, you may be entitled to compensation. You can start to explore your options by visiting us at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation. Here, you can enter information about your situation for a legal review by a trained expert for a free legal review.