Text Spam Sent to Employees May Affect Small Businesses

By Sarah Mirando | April 1, 2013

Category: Legal News

By John Curran

While many employees do not have company-issued cell phones, small business owners need to understand the risks of text spam and messages sent to workers from companies with malicious intent. The reason is that by wanting to keep workers responsive when they should be off the clock, personal phones can act as a Trojan horse.

Consider that someone’s personal cell phone often has the login information for a company mail server. While most major companies are not fishing for personal information through text messages they send for marketing purposes, companies in recent Federal Trade Commission investigations have. Text spam lawsuit attorneys note that the tactics were relatively low-tech: the users had to submit information into scam websites.

However, the viruses that afflict Windows PCs and other desktop computers have also spread to Android and iPhone devices. That puts business owners at risk and should have them keeping a watch for potential Telephone Consumer Protection Act violations from text spam as well as any scam messages. Consumers should also be aware, both on their business or personal cell phone.

Companies that engage in text marketing without obtaining explicit prior consent or clear opt-out disclosures risk fines of up to $500 or $1,500 per violation. Text spam attorneys are already beginning investigations into PNC Bank, AllianceOne and other entities for potentially violating the TCPA and note that the sheer volume of text spam can put people over their monthly limits.

Still, many may not be aware that they have protections against this that goes beyond the federal Do Not Call list and other protections, including those from the Federal Trade Commission. Considering that many mobile providers are providing a la carte services, minimizing the risk of text message spam can help Americans save money they should not need to pay.

If you have been receiving texts that you think you did not sign up for, start with a free legal consultation about your eligibility to file a lawsuit. One is available for those who fill out the short form at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. You may be able to receive a civil award or settlement from receiving text message spam. The Telephone Consumer Protection Act offers fines for victims, but only if they get legal assistance today.