Are Car Dealerships’ Spam Text Messages Illegal?

More consumers than ever have invested in smartphones, but unfortunately, this means a rise in spam text messages from marketers.

It can be frustrating to get unsolicited text messages, particularly promotional offers. Understanding what is and what isn’t text message spam may help you decide whether to take legal action when the law has been violated. Not every text message sent to your personal phone is a violation.

What Is Text Message Spam?

The Federal Trade Commission characterizes spam text messages as something that includes multiple threads. There are a litany of reasons why spam texts are bothersome and illegal.

These texts can lead to unnecessary or unwanted charges on your cell phone bill and can slow your cell phone performance. Spammers may attempt to get you to reveal personal information by making product offers or promising free gifts. Clicking on a link included in text message spam could also expose you to malware that collects personal information from your phone that can then be sold to identity thieves or other marketers.

When Is Text Message Spam Illegal?

Spam text messages can certainly be annoying, but not every instance of a text message received on your phone necessarily violates the law. It’s helpful to understand what constitutes spam under the law.

It’s illegal for companies to send unsolicited email messages to a person’s phone unless the sender has first obtained permission from the recipient. It is also illegal to use an auto-dialer to send unsolicited text messages. According to MakeUseOf.com, an auto-dialer is equipment that dials and stores phone numbers using a sequential or random number generator, making it easy for companies to send mass spam text messages very quickly, according to technology education website makeuseof.com.

If you want to stop spam text messages, respond “STOP” to each message you receive, The New York Times advises. This does not always end the chain of texts, but is a good first step.

Are There Any Exceptions to the Law on Spam Text Messages?

There are a few exceptions to the law. Non-commercial messages are not considered spam text messages. These include fundraising messages or political surveys.

Other messages that do not meet the grounds for illegal text messages include relationship or transactional messages. In the event that a company already has an existing relationship with you, they are within their rights to send you things like warranty information or statements, although you can opt out of receiving these text messages.

What Should I Do If I Have Already Received Spam Text Messages?

If you believe that you have received unwanted commercial text messages, you might be able to pursue legal action with the help of an experienced attorney.

What Kinds of Companies Send Spam Texts?

Many types of businesses send unsolicited spam text messages. Realtors and car dealerships have come under fire in recent years for engaging in this practice.

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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