Joanna Szabo  |  July 31, 2020

Category: Legal News

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If blocking or reporting senders of spam text is not enough to make them stop, consumers may have the option of filing a civil lawsuit under federal telemarketing law.

Why Do I Keep Getting Spam Text Messages?

There are numerous reasons why you may receive spam texts. In some cases, consumers give their numbers to companies intentionally during purchases online or at stores. Even at sporting events, individuals may be encouraged to text their favorite thing to a phone number for the show.

Are Spam Texts Illegal?

If consumers have consented to receive text messages from a company, then it is legal for that company to send text messages advertising their products or services. However, if you have not consented to receive text messages from a company, it is unlawful for them to send unsolicited messages.

Consumers are protected under the Telephone Consumer Protection Act (TCPA), a federal law that prohibits unsolicited communications without consumer consent.

The TCPA was first introduced back in 1991 in an effort to protect consumers from unwanted solicitation using technology, such as robocalls. Over the nearly three decades since the enactment of the TCPA, the technology available to spammers and scammers has significantly changed, but the act itself has shifted to include these new technologies as well.

The Federal Trade Commission (FTC) notes: “It’s illegal to send unsolicited commercial email messages to wireless devices, including cell phones and pagers unless the sender gets your permission first. It’s also illegal to send unsolicited text messages from an auto-dialer — equipment that stores and dials phone numbers using a random or sequential number generator.”

At times, these unsolicited text messages are simply annoying and a drain on the phone’s battery. But these texts can also be insidious and contain phishing links designed to steal your information.

How Do I Stop Spam Texts?

The FTC recommends the following actions to stop text message spam:

  • Delete messages that ask for personal information since they are likely a scam
  • Don’t reply to suspect messages and do not follow links
  • Treat personal information carefully
  • Place your phone number on the National Do Not Call Registry
  • Review your cell phone bill for unauthorized charges

Unfortunately, signing up for the Do Not Call registry may not prevent all robocalls and texts. Indeed, the FTC receives hundreds of thousands of complaints about robocalls and other TCPA violations every month.

The purpose of the registry is to provide a list of consumers who have opted out of receiving these kinds of calls and texts so that legitimate businesses can consult the list and determine who they should not call. Most legitimate businesses abide by the registry, but scammers commonly ignore these laws. It is also important to note that after adding your phone number to the Do Not Call list, it can take up to 31 days for it to go into effect.

Can I Report Spam Text Messages?

Do Not Call registryAccording to the New York Times, individuals can report spam calls through a variety of methods. Consumers can block numbers that send them spam and some phones even have the option to report the contact as spam. If that is not an option, you can forward the spam text to “SPAM” (7726). Many cellular providers use this service to identify spammers and prevent future unsolicited messages or calls.

Some cellular providers also offer paid services to filter and report spam callers in bulk, making it easy for users to identify suspect messages. There are also third-party apps which accomplish the same function.

Consumers also have the option to file a complaint with the Federal Communications Commission (FCC), the federal organization that enforces TCPA.

What if the Texts Keep Coming?

Although reporting spam text messages is a valid option, this may not completely resolve your spam texts. Many scammers are persistent and contact consumers under a variety of numbers in order to circumvent blocking and reporting practices.

If unsolicited spam texts continue even after reporting them, you may benefit from speaking to an attorney. A legal professional can evaluate your case and see if you are eligible to file a lawsuit against the spam callers. Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Taking legal action may allow you to collect compensation for harassing, unsolicited text messages.

Make sure you keep a record of the numbers that have called or texted you, along with dates, times, and information about the company or caller. Consider keeping written records as well as digital records. This kind of evidence may improve the likelihood of your lawsuit’s success.

This article is not legal advice. It is presented
for informational purposes only.

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13 thoughts onCan You Report Spam Text Messages?

  1. Brian Curtis Lockhart says:

    Nice to get texts about “F@@@ING AN 18 YEAR OLD (describes body)
    Sitting next to your 8 year old
    THIS IS OUR CELL SERVICE SELLING OUR INFO. I HAVE VERIZON AND THEY DO ALL THE TIME. THATS WHY GOV WONT DO.”SH@T

  2. Rod says:

    I’ve been receiving markating text messages from 832-860-6159, and they don’t stop.

  3. Kathy Castellano says:

    I get spam texts and calls daily. But it’s the sex texts that annoy me most. Nothing works! They are like a cockroach infestation!!

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