Is Text Spam Legal?

Thanks to a federal law originally designed to curb telemarketing phone calls, consumers now have a way to fight back against unwanted text spam.

Generally, the Telephone Consumer Protection Act, or TCPA, forbids sending automatically-generated text messages to people who haven’t consented to receiving them.

The Federal Communications Commission implements rules under the authority of the TCPA that aim to curb text spam.

Under current FCC rules, businesses may not use an autodialer to send text messages to a mobile phone unless the recipient of the message has consented to being contacted that way or the message is being sent for emergency purposes.

For messages of a commercial nature, the receiving party’s consent must be given in writing. Consent given orally can be valid only for text messaging that is not considered commercial.

The FCC notes a few types of informational texts that it considers to be non-commercial. These include messages about school closings, messages sent for political purposes, and messages sent by tax-exempt non-profit organizations.

This restriction on unsolicited text messages applies whether or not the recipient has registered their mobile phone number on the national Do-Not-Call List.

There’s also no exception to the rule in cases where the message sender has an existing business relationship with the recipient.

It used to be the case that callers could place autodialed phone calls to a person’s land line if they had some preexisting business relationship with that person. But even that exception is no longer in effect since the FCC revoked it in October 2013.

To enforce these requirements, the TCPA allows the recipient of text spam to bring a civil action against the alleged spammer. Statutory damage provisions in the TCPA are what give a TCPA lawsuit real enforcement power.

A successful plaintiff can get at least $500 in damages for each text message that violates the TCPA. That amount can triple for each violation the plaintiff can prove was “willful and knowing.”

Investigating Possible Text Spam

Amerigroup Corp. has come under fire recently from some of its customers who say the healthcare provider has been sending them unsolicited text messages. The company facilitates provision of healthcare through Medicaid and Medicare programs in a few different states across the country.

Amerigroup has partnered with other companies to offer text-message appointment reminders and benefits information. Under an arrangement with TracFone Lifeline and Connect4Health, the company used automatically-sent text messages to remind plan members about their appointments for their annual physical exams.

A study later showed that the program had been successful in getting members to show up for appointments, and some members reported learning about available benefits from the Connect4Health messages.

But the plan members consulted in that study had all consented to receiving those text messages. Many other plan members say the company has been sending them text spam that they never consented to.

Generally, the messages at issue encourage the Amerigroup member to show up for an annual check-up with their doctor, or to respond to the message for more information about the annual exam.

Following complaints from some Amerigroup members that they never consented to receive these messages, class action attorneys are now investigating whether they may constitute TCPA violations.

Join a Free Amerigroup Text Spam Class Action Lawsuit Investigation

If you received a text message (text spam) from Amerigroup insurance, you may be eligible for compensation under the Telephone Consumer Protection Act.

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