Sage Datko  |  November 1, 2019

Category: Legal News

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woman looking at text message on phoneSpam text messages are messages sent to consumers without their consent, usually advertising a service or product. Often, spam text messages are utilized by car dealerships and other businesses in order to promote deals and special offers, and to make sales.

Companies, solicitors, and telemarketers often use autodialing or autotexting systems in order to send pre-recorded or pre-typed messages to hundreds or thousands of numbers at once. These mass text messages may be annoying or harassing to consumers. In addition to being a nuisance, spam text messages and phone calls may also be in violation of consumer protection laws, including the Telephone Consumer Protection Act.

Depending on consumers’ phone plans, these incoming spam text messages may also be costing them money. Additionally, clicking any links included in the messages may result in dangerous malware or viruses being downloaded to the consumer’s phone. While consumers may be able to block spam texts or calls through their phone software, some consumers may also want to report spam text messages to the FCC.

Can You Report Spam Text Messages?

Victims who receive annoying or harassing solicitation text messages or phone calls from car dealerships and other companies may report spam text messages to the FCC as violations of the Telephone Consumer Protection Act (TCPA). Consumers who want to report spam text messages to the FCC may do so through their online portal. In addition to reporting these spam messages to the FCC, consumers may also be eligible to file lawsuits and pursue compensation for each text message violation.

What is the Telephone Consumer Protection Act?

The TCPA was established to protect consumers from being harassed by solicitors and telemarketers via the telephone. Under the TCPA, text messages sent using an automatic messaging system may not be sent to consumers unless they have given consent to receive the message, or the message is sent for an emergency purpose.

In order to send consumers commercial texts, companies like car dealerships must gain their consent in writing. For non-commercial texts, such as those sent on behalf of non-profit organizations, for political purposes, or other noncommercial purposes, consent may be given by the consumer verbally.

Additionally, the TCPA puts rules in place regarding how and when they may contact consumers. These rules:

  • Prohibit solicitors from calling consumers before 8 a.m. and after 9 p.m.
  • Requires companies to maintain company-specific do-not-call lists of consumers who have asked not to be contacted
  • Requires companies to abide by the national Do Not Call list
  • Requires solicitors to give their name, the name of their company, and the company’s number or address to consumers
  • Prohibits calls using an artificial voice or recording

Consumers who have been subject to spam text messages from car dealerships or other businesses may be able to sue for up to $500 for each violation of the TCPA. Additionally, if these violations were found to have been made willfully, victims may be able to sue for up to $1,500 per violation.

Millions of dollars have been paid out in settlements for TCPA violation lawsuits by banks, cable companies, restaurants, and more.

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.

Learn More

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2 thoughts onCan You Report Spam Text Messages from Car Dealerships?

  1. William Kehoe says:

    Add me

  2. Carla Moses says:

    Please add me to your list.Carla

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