How Do I Stop Car Dealership Spam Text Messages?

If you are receiving car dealership spam text messages and it seems like they can’t be stopped, don’t give up hope just yet.

Spam calls and text messages are so commonplace nowadays that it may seem like the only answer is to ignore them, despite the annoyance and frustration they cause. Indeed, each year, the number of robocalls and spam texts flooding in is ever-increasing. But there are actually ways to combat the rising tide of spam messages.

The main law protecting against unwanted texts like car dealership spam text messages is the Telephone Consumer Protection Act (TCPA) of 1991.

What is the TCPA?

Under the Telephone Consumer Protection Act, consumers are protected against unwanted solicitation using technology. As technology has advanced and telemarketers have jumped on new ways to contact consumers, the TCPA itself has expanded to include such new technologies as texts, robocalls, and prerecorded messages.

Are Spam Texts Legal?

Spam texts and calls are, generally, illegal. It is illegal to send commercial texts unless the sender first obtains your permission. Spam calls, too, are regulated—the use of an auto-dialer is prohibited if permission has not first been granted.

What is Prior Express Written Consent?

In 2012, the Federal Communications Commission added a new aspect to the TCPA for telemarketing calls and texts, now requiring “prior express written consent.” Consumers must opt into these communications after “clear and conspicuous disclosure” of the terms of the agreement.

However, opting in and providing consent for messaging are two areas of TCPA compliance that do have stipulations. Text2Drive advises members of the auto industry that to comply with the TCPA, telemarketing text messages must give consumers the option to opt out of future messaging.

However, some auto dealers may be inadvertently violating the TCPA. Even if they have received the prior express consent of a customer they need to send them messages, the law does not stop there. If a dealer then does not give a customer the option to opt out, they may be in violation of the law. Even if the lack of an “opt out” option is the result of a technical glitch, a dealer could be held liable for TPCA violations.

Automotive retailers have reached hefty settlements to end claims around these kinds of car dealership spam text messages. Though the settlements may have been expensive, they were less costly than a court’s judgment could have been. 

Additionally, customers should be aware that they may be able to make a legal claim that they were receiving the wrong type of messages. Just because a customer opted into one type of message does not mean that they have opted into all messaging.

One way in which this discrepancy can occur is if a customer opts into messages about the business they are doing with a company, but ends up receiving promotional officers, sweepstakes messages, and other promotional material. Sending unwanted marketing material to someone who only wants to receive business texts could leave a dealer open to legal liability. 

Are Spam Texts Harmful?

Spam texting may seem fairly innocuous given how prevalent it is today, but spam texts are used for a variety of problematic reasons—to determine if your phone number is attached to a real human, to steal your personal information, or even to install malware on your phone. Spam texts can also incur charges to your cell phone bill.

How do I Stop Unwanted Text Messages?

If you have been hit with unwanted calls or texts, even though these are growing increasingly common, there are ways to report them and fight against them.

One way of combating spam calls and messages is by registering with the National Do-Not-Call Registry, which has so far garnered more than 229 million active registrations, according to a 2017 report from the Federal Trade Commission (FTC).

You can also file complaints with the Federal Communications Commission (FCC).

On top of these reporting systems, more and more people are now turning to litigation over unwanted spam texts and calls.

Can I File a TCPA Lawsuit?

If you have been affected by car dealership spam text messages, you may be able to file a lawsuit and pursue compensation. There may be many others in a similar situation as you are.

Under the TCPA, you may be eligible for an award of between $500 and $1,500 per violation, depending on if the violation as made negligently or willfully.

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 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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