How the Federal Trade Commission Helps Curb Spam Texts

Consumers who live in California, Arizona, Washington, or Oregon may have been targeted by text message advertising from resort and hotel company Melia Hotels alerting consumers of Black Friday and Cyber Monday deals and coupons. If consumers who received these advertising text messages did not give Melia Hotels their express prior consent to be contacted, these messages may have violated laws enforced by the Federal Trade Commission.

What Is the Federal Trade Commission?

The Federal Trade Commission (FTC) is a federal agency that protects consumers by preventing deceptive, predatory, or illegal business practices, as well as promoting competition and an open market. By challenging business practices or mergers that reduce competition, the FTC aims to benefit consumers by keeping any single company from dominating the market, reducing choices and raising prices.

Additionally, the FTC often partners with law enforcement to conduct investigations into potential fraudulent or predatory activity, as well as suing entities or individuals found to be violating laws enforced by the agency. One of the laws enforced by the FTC is the Telephone Consumer Protection Act (TCPA), which governs the ways in which companies are allowed to contact consumers for advertising purposes. If Melia Hotels contacted consumers in ways that violate the TCPA, the hotel and resort company may be subject to fines or litigation.

What Is the Telephone Consumer Protection Act?

The TCPA is a law that protects consumers from being harassed by intrusive calls or texts from solicitors, telemarketers, and other companies. In order to comply with the TCPA, companies must follow several rules regarding contacting consumers.

Under the TCPA, most companies and entities are prohibited from using auto-dialing systems to send pre-typed or pre-recorded messages to consumers’ cell phones and landlines, unless these consumers have given the company their prior explicit consent to be contacted. Solicitors are prohibited from calling before 8 a.m. or after 9 p.m. local time for the consumer, and must clearly identify themselves and the entity they represent when calling. Additionally, companies must give consumers the option to opt-out of receiving calls or texts at any time. Consumers who have opted out of being contacted may be placed on a company’s do-not-call list, which the company is required to honor. Additionally, companies are also required to honor the national Do Not Call Registry.

How Do I Join the Do Not Call Registry?

The Do Not Call Registry is a national list of numbers that solicitors are prohibited from contacting with advertising messages. The registry is maintained and enforced by the FTC.

It is free to register a landline phone or cell phone with the registry, and registration never expires. While your phone number is registered with the Do Not Call Registry, real companies will be prohibited from contacting you. Although the registry does not protect against spam callers or companies who ignore the law, consumers who have registered their numbers with the Do Not Call list and have continued to be contacted by solicitors may be able to file lawsuits against these companies and seek damages.

Consumers who have been contacted by Melia Hotels regarding Black Friday or Cyber Monday deals may also be able to file a Federal Trade Commission complaint.

How to File a Federal Trade Commission Complaint

Consumers who have received harassing or intrusive messages from Melia Hotels or other companies regarding special prices or deals may be able to report these messages to the FTC by filing a complaint. It is easy to file a complaint with the FTC online, using the agency’s reporting system.

On the FTC’s Complaint Assistant web page, there is a subcategory called “Robocalls, Unwanted Telemarketing, Text, or SPAM.” By clicking on this link, consumers can select whether they received robocalls, telemarketing calls, text message advertising, unsolicited or fraudulent emails, or another category of intrusive message. After selecting the appropriate category, consumers will be led to a series of web pages containing additional questions about them and the unwanted messages they received.

If filing a complaint with the FTC does not stop the intrusive messages, some consumers may also be eligible to hire an attorney to review their case and determine whether they qualify to file a class action lawsuit against the company contacting them. Consumers who live in California, Arizona, Washington or Oregon and have received messages from Melia Hotels may be eligible to pursue damages of up to $1,500 for each unsolicited text or phone call.

Join a Free Melia Hotels Class Action Lawsuit Investigation

If you received text messages from Melia Hotels advertising Black Friday or Cyber Monday deals and you live in California, Arizona, Washington or Oregon, you may qualify to join this TCPA violation lawsuit investigation.

Fill out the form on this page for a free case evaluation by a TCPA attorney.

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