What to Do About Text Spam

Text spam has become a growing problem in the “smartphone” age; in addition to being intrusive, such text messages can incur extra charges for subscribers. Fortunately for consumers, federal statutes make such unwanted and unauthorized messaging illegal, giving them tools with which to bring legal action against telemarketers such as car dealerships, fitness clubs, and others.

What is Text Spam?

The word “spam” was coined in the mid-1990s when the commercial use of the Internet as we know it today was only a few years old. The term originally referred to unsolicited, unwanted email advertising. Today, that definition has expanded to include all forms of undesired electronic messaging, including text messages as well as telephone “robocalls” and voice mails.

What Does the Law Say About Text Spam?

Laws prohibiting unsolicited electronic messaging actually predate the commercial Internet. According to the FCC, the federal Telephone Consumer Protection Act (TCPA) was signed into law in 1991 by then-President George H.W. Bush at a time when emerging technology was making it very easy and inexpensive for telemarketers to make thousands of automatic marketing calls using pre-recorded messages.

The law has been amended and revised a number of times over the past three decades as technology has changed and evolved to include all forms of unwanted electronic messaging, including texts.

How Can I Stop Unwanted Marketing Messaging?

Although the law requires that consumers give written consent before a company can send them electronic solicitations, you should have your telephone number(s) placed on the National Do-Not-Call Registry.

What if I Have Done Business With a Car Dealership?

Just because you purchased your vehicle at a particular car dealership or had it serviced there does not automatically give them the right to send you electronic solicitations.

In 2012, the Federal Communications Commission updated the TCPA with new regulations that require all telemarketers to obtain prior written permission from consumers before contacting them with offers – regardless of whether or not there was a “prior business relationship.”

What Can I Do if They Keep Contacting Me?

If you continue to receive unwanted text spam, robocalls, “ringless” voicemails or faxes from a car dealership or anyone else, you can file a complaint with the FCC at the agency’s website.

Violators can be liable for up to $1500 per violation; just be sure that you keep a record of all unauthorized contacts. Such a record will be especially helpful should you decide to bring a lawsuit against the offender.

Have There Been Successful Lawsuits Against Spammers?

Indeed there have. In August of 2014, Capital One agreed to pay a $75.5 million settlement in a class action lawsuit involving robocalls. Other corporate defendants that have wound up paying multi-million dollar judgments to plaintiffs include:

• AT&T
• Bank of America
• Caribbean Cruise Line
• Dish Network
• Lifetime Fitness
• Ocwen Financial
• Uber
• Wells Fargo

If you have received unwanted text spam from a car dealer, contact a TCPA lawyer today in order to discuss your options.

Join a Free Car Dealership TCPA Violations Class Action Lawsuit Investigation

You may be eligible to join this lawsuit investigation into car dealership TCPA violations under the following circumstances:

• You did NOT provide express permission in writing to the car dealership to receive the calls or messages.
  You did NOT purchase a vehicle from the dealership that is contacting you.

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