How Do I Stop Spam Texts and Calls?

Consumers may be able to stop spam texts and calls if they take legal action against offending businesses.

Are Spam Texts and Calls Illegal?

Spam texts and calls
that are received without a consumer consenting may be illegal under the Telephone Consumer Protection Act (TCPA). TCPA is a federal law that was established by Congress in 1991. The goal of the TCPA is to help protect consumers against harassing telemarketing calls and faxes.

Since the act was first passed nearly 30 years ago, there have been several amendments to its statutes which have strengthened the law.

In 2003, the Federal Communications Commission (FCC) partnered with the Federal Trade Commission (FTC) to establish the national Do Not Call Registry. Consumers can join this registry if they wish to avoid telemarketing calls. Businesses are required under TCPA to comply with these wishes if consumers register their number.

At the same time, the FCC and FTC initiated restrictions on the use of automatic dialing systems and caller ID information.

In 2012, TCPA rules received another boost when regulators strengthened the rules around robocalls. Under the new statutes, companies can not justify robocalls with an “established business relationship.” Instead, they must receive prior express written consent from consumers before sending them robocalls using an automated dialing system.

The newer rule changes also require businesses to include an automated, interactive opt out mechanism during robocalls and spam texts. These mechanisms aim to provide consumers with a quick and easy way to stop spam texts and calls.

How Can I Stop Spam Texts and Calls?

Unfortunately, businesses do not always comply with TCPA rules and instead bombard consumers with unwanted calls and texts.

If you are receiving spam texts and calls in violation of TCPA, you can file a complaint with the Federal Communications Commission and other regulators. However, these complaints may not always be the most effective way to stop spam texts and calls. Lawsuits are often more impactful.

If harassing communications continue despite asking for them to stop, you can consider speaking to a qualified attorney and filing a lawsuit under the TCPA.

TCPA provides the option for consumers to recover up to $500 for each negligent violation and up to $1,500 for willful violations of its statutes. If TCPA claims are successfully litigated, consumers can collect thousands of dollars for the numerous spam texts and calls they have received. Additionally, those receiving such calls are often not alone; many cases could be converted to TCPA class action lawsuits that settle for millions.

The first step in the TCPA lawsuit process is speaking to an attorney. They will be able to help you determine if you are eligible to take legal action. Providing as much information and documentation as possible can increase eligibility since it provides a good amount of evidence for attorneys to work with.

Successful TCPA lawsuits can be litigated through to a trial verdict or resolved with a settlement. Either of these resolutions can take years to reach, but the end compensation is worth it. Not only are plaintiffs ensuring that businesses will no longer send them and other consumers spam texts and calls, they may also be collecting significant rewards.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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