TCPA Violations Translate to Cash for Recipients of Text Spam

The Telephone Consumer Protection Act, or TCPA, is a law designed to protect consumers from unsolicited text messages, cell phone calls, and other forms of harassing advertising. The earliest iterations of the law were first enacted in the early 1990s, as improved telecommunications technology allowed for increasingly intrusive advertising, such as the auto-dialer and other methods of low-cost mass-advertising.

As technology has changed, supplemental legislation and court cases have clarified the law as technology has changed at breakneck pace. In fact, the technology has evolved so quickly that companies may break the law — and irritate consumers — without realizing it. When this happens, the TCPA does provide legal remedy, and several major companies have faced sanctions through the TCPA.

Google Slide

Google paid a $6 million class action settlement in 2013 over its Google Slide texting platform. Google Slide was a subsidiary of Google, and created a website Disco.com, which was a group texting platform. This led to some consumers receiving dozens of unwanted text messages per day. Recently, checks were sent out to consumers who received these texts. Consumers who participated in the Google Slide text settlement received an average payout of $400 each.

Lucky Brand

A similar text messaging settlement was recently reached in a TCPA class action lawsuit against Lucky Brand. In this case, it was alleged that Lucky had sent unsolicited texts to thousands of consumers. These texts were typically ads or coupons to consumers who did not give the company permission to contact them with electronic advertisements. A $9.9 million settlement was reached, and checks of up to $100 each were sent to individual consumers in December.

Litigation and the TCPA

The TCPA is designed to be enforced through civil actions like these class action lawsuits. This takes some of the burden of enforcement off agencies including the Federal Communications Commission, and gives consumers a financial motivation to take civil action against offenders. It also serves as a deterrent to companies, to discourage them from harassing consumers with text message spam and other forms of aggressive electronic advertisement. It allows for enforcement of the act without allocating excessive government resources towards enforcement. The TCPA counts on the action of consumers who seek to enforce their rights against telemarketers.

Take Action Today

If you’ve received unwanted text messages and cell phone calls from a company, you have rights, but you must act quickly to ensure your rights are protected. You can start by visiting the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation to learn more about your rights. While there, submit your information to receive a free case evaluation and see if you qualify to join a class action lawsuit against the offending company.