Does the Do Not Call List Include Text Messages from Restaurants?

Unwanted text messages from restaurants or anyone else are not just annoying, they can cost you money, compromise cell phone performance, and even put you at risk for identity theft. These unauthorized texts, or SMS messages, have been the cause of action in a number of individual and class action lawsuits filed under the Telephone Consumer Protection Act of 1991 (TCPA).

Although the TCPA was signed into law long before SMS messaging existed, it has been amended numerous times over the past three decades to regulate virtually all forms of electronic and digital communications, including commercial text messaging from restaurants and clothing retailers.

How Do Unwanted Texts Harm Consumers?

Aside from being intrusive, unwanted text messages (also known as spam text) can cause a consumer to incur extra data fees if they are on a limited subscription plan that charges for incoming SMS messages. This means that you are not only being subjected to unwanted advertising, but you also have to pay for it as well.

Text message spam can also slow down cell phone performance by taking up space in the device’s storage and random access memory. More seriously, however, such messages can be attempts at “phishing.” They use false promises of things such as discounted or free goods and services in order to lure the subscriber into revealing personal information that is then sold to marketers and even identity thieves.

Are Text Messages From Restaurants Illegal?

Unless you have given express permission, text messages from restaurants or any other business entities are illegal under terms of the TCPA. Violators can be liable for between $500 and $1500 per unauthorized message.

How Can I Stop Text Message Spam?

The best way to prevent text messages from restaurants and other marketers is to register your phone number(s) with the National Do Not Call Registry. This is a free service offered through the Federal Trade Commission; once you have registered your number, marketers must stop contacting you within 31 days unless you give permission.

If unwanted SMS messaging persists, you can file a complaint with the FTC or the Federal Communications Commission. According to the FTC, the Commission receives hundreds of thousands of complaints each and every month, and while they cannot respond to each individual complaint, the reports collectively offer helpful data that allows the government to spot illegal telemarketing trends and fight back on behalf of consumers.

However, simply reporting TCPA violations may not be enough to stop them.

When all else fails, you have the right to take legal action against a violator. If it comes to filing a lawsuit, be certain to document your case by saving all messages received as well as any attempts you have made to stop the offender from contacting you without authorization.

Be Careful with Promotional Text Messages

In addition to the annoyance factor of getting text messages from a restaurant, scammers are also attempting to copy these kinds of messages to get you to click on links or provide personal information. That’s why it’s a good idea to never click on anything inside a text from someone you don’t know and to reply only with “stop” in an effort to end the texting cycle.

Even answering “stop” is a method that should be considered on a case by case basis. If the message was sent by a scammer rather than a legitimate but irritating robocaller, the fraudster could use your response to file away that your number is legitimate. You could then become the target for future messages.

Search the Internet for “text from” and insert the number that texted you to see if it’s legitimate. If the name of a restaurant or other company pops up, this is a good indication that it’s safe to respond with “stop.”

If you find out that the number is not connected to a legitimate company, be careful with your response. Verizon, T-Mobile, Sprint, and AT&T all accept notifications of spam texts by forwarding the message to 7726. Sprint and other carriers might even go one step further by blocking that number from contacting you after you have reported it.

You can also block a spam number in your phone by tapping “block this caller.”

For those texts that are coming from a real company, such as text messages from restaurants, but may be violating your privacy despite your request to not receive these communications, further legal action might be necessary.

Have There Been Successful Lawsuits Against TCPA Violators?

A growing number of consumers all across the United States are turning to litigation after being hit with excessive spam texting or robocalls. Several settlements have been reached in TCPA lawsuits in recent years. In May of 2019, a group of consumers who were subject to text messages from restaurants of the Checkers Drive-In chain received a settlement of $3.5 million.

Pizza Hut resolved a major TCPA class action over unsolicited text messages for $6 million, with each of the 13,000 class members involved in the litigation receiving up to $400 apiece.

Other multi-million dollar settlements have been reached in cases involving clothing stores, including Abercrombie & Fitch, Simply Fashion, Lifetime Fitness, Body Shop, and others.

It bears mentioning that simply the fact that you have been a customer or otherwise have done business with a restaurant, clothing store, or other company does not automatically give them permission to send you SMS marketing messages.

Filing a TCPA Lawsuit

If you have been inundated with text messages from restaurants without prior express consent, in violation of the TCPA, you may be able to file a lawsuit and pursue compensation. Many other people may be in a similar situation with the company, and you may be able to file a class action lawsuit that can help you and other class members recover compensation, as well as hold the company responsible for its actions.

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. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a Free Text Message Coupon Class Action Lawsuit Investigation

If you have received coupons or sales advertisements in a text message from a restaurant or clothing retailer and your phone number is registered with the National Do Not Call registry, you may be entitled to compensation.

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