Autumn McClain  |  May 29, 2020

Category: Legal News

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angry middle aged man Receiving Text Message Ads

When the telephone was invented, it revolutionized the way we communicate as human beings. More recently, text messaging has done that again. There should be no surprise that marketers quickly began taking advantage of these new modes of communication. In order to protect consumers from the behavior of these telemarketers, Data Marketing & Analytics reports lawmakers passed the Telephone Consumer Protection Act (TCPA) in 1991. This law restricts not only telemarketing in a traditional sense, but also restricts text message ads.

While you can file a civil suit against a company that violates the TCPA by contacting you, there are also ways to avoid receiving text message ads and spam texts in the first place.

How to Avoid Text Message Ads

According to the New York Times, the first recourse to take if you would like to stop receiving text messages from a company is to simply ask them to stop. You may need to call a customer service number to accomplish this. However, some companies don’t act in good faith and won’t stop contacting you just because you ask. In those cases, you can block the number and report it.

If you believe the text messages you are receiving are from an unlawful or illicit source, don’t respond to the messages in any way. Block the number and report it if you can. Some phones will allow you to report spam from the phone itself. Some carriers, such as AT&T, will allow you to report numbers on the web for spam.

Reporting numbers for spam text message ads is actually much easier than reporting phone calls. Messages can be forwarded to SPAM (7726). Most servicers will then use this information to block the number. 

If you’ve blocked numbers and are still receiving spam calls and text message ads, you may need to take other steps. Android users can access a built-in spam filter run by Google. While iPhone doesn’t have a similar system, you may be able to use spam filters offered by your service provider. Some companies charge up to $3.99 per month for these services. There are also free and paid apps available that screen calls for spam.

Telephone Consumer Protection Act

young woman staring at cell phone, shockedIf you receive spam text messages, you may be able to take civil action under the TCPA. The TCPA puts strict guidelines on how telephone communications can be used to contact and advertise to consumers.

According to the Federal Communications Commission (FCC), under the TCPA, telemarketers must gain prior written consent before contacting consumers, including those with whom they have an “established business relationship”. It also states that companies must comply with the national Do-Not-Call Registry and must maintain a company-specific do-not-call list. Companies are restricted on use of robocalls, when they can contact consumers and must provide opt-out mechanisms. 

Under the TCPA, companies who violate these guidelines may face fees or civil actions.

TCPA and Text Message Ads

Under the TCPA, many rules applying to phone calls also apply to text messaging, according to the FCC. Specifically, companies who use text message ads must have prior written consent from the consumers who they contact. This consent could come in the form of an electronic signature.

Marketers seeking access must make clear that the consent being given is for auto-dialed calls or texts and that this consent is not contingent upon the consumer making a purchase from the company. If you signed a consent form but were misled as to what you were consenting to, that consent may be considered void. Consent given for phone calls may not cover contact via text message ads.

There are some exceptions to the guideline regarding prior consent. Those exceptions include texts regarding an emergency, texts exempt from the TCPA that result in no charge to the consumer, or texts made solely for the purpose of collecting on debts.

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.

Learn More

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

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30 thoughts onHow Do I Stop Receiving Text Message Ads?

  1. Rosalind says:

    PLEASE ADD ME ANTHONY GETTIS

  2. Rosalind says:

    OH MY GOD IVE BEEN WAITING ON THIS THIS IS A DAILY NUISSANCE IN MY LIFE I AM SO TIRED OF THIS ITS NERVE WRECKING ADD ME ROSALIND STENNIS

  3. Edward Mcwayne says:

    Please let me sue them for causing me undue stress I’m becoming angry stop op them I want to sue every one of them now

  4. Theresa Marie M Johnson says:

    Im on the no call list but I get at least 10 text a day from advertising it’s driving me insane. How do I make it stop

  5. Victoria Wòodard says:

    Please add me I get a duplicated message as soon as I delete one. Its driving me crazy

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