How to Stop Receiving Clothing Store Coupons in Text Messages

We’ve all received them—clothing store coupons in text messages that we don’t actually want—but it can be hard to stop spam texts once they start coming.

Have you received clothing store coupons in text messages, or text coupons for restaurants, even though you have your cell phone number listed in the National Do Not Call Registry? If so, you may be able to join a class action lawsuit investigation for violation of the Telephone Consumer Protection Act (TCPA), and you may even be eligible for some compensation.

How Can I Stop Receiving Spam Texts with Coupons?

If you’ve been receiving restaurant or clothing store coupons in text messages even though you don’t actually want them, there are a few options. You can revoke your consent for the messages with the company and you can list your number on the National Do Not Call Registry. Registering with the Do-Not-Call list is free, and registration never expires.

You may also be able to activate call blocking software on your phone. Some cell phones come with a call blocking option built in to the device, while others may require you to install a paid or free app to screen your calls. However, these apps are not perfect and may allow some spam calls to get through or block calls that are not spam.

In January 2020, a new law was enacted to increase consumer protections against scam calls. The Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, or TRACED Act, not only increases the amount that entities who violate robocall laws may be fined, it also requires phone companies to provide additional protections to customers. Under the act, phone companies are required to adapt call authentication technologies to detect potential spam calls and reduce the amount of these annoying calls that consumers are subject to.

The law also requires the Federal Communications Commission to create software that can detect when a call is being spoofed, or being made to look as though it is coming from a different phone number. Spoofing is often used to make calls look as though they are coming from friends or neighbors with the same area code.

The TRACED act also allows regulatory agencies additional time to investigate instances of spam call law violations. The FCC is now allowed to assess fines against these offenders for up to four years following the dates of the calls. You can report spam calls that violate the TCPA to the FCC through the agency’s online portal. However, the FCC may not follow up on individual scam call reports.

Sometimes, this may not be enough to stop the spam messages from coming, in which case you can consult an attorney over violations of a federal law that protects consumers from unwanted spam messages.

Are Spam Text Messages Illegal?

Even though we’re probably all somewhat used to spam texts and phone calls, many spam messages are actually illegal under the TCPA.

The TCPA and Federal Communications Commission (FCC) make it illegal for companies to use autodialers to send text messages unless the consumer has first given express consent to receive the message (though there’s an exemption if the message is due to an emergency). Indeed, since 2013, the FCC has required businesses to get a consumer’s written and signed consent prior to sending them text messages. These rules apply regardless of whether the consumer has signed up for the National Do Not Call Registry.

In addition to the national registry, companies are required to keep their own do-not-call lists and abide by them. The TCPA requires companies to include an option for customers to revoke consent and opt-out of being contacted at any time. Additionally, solicitors must disconnect a call before the fourth ring if it goes unanswered, and businesses must be able to prove that they have abandoned at least 3 percent of all telemarketing calls that are answered.

This law can put the company on the hook for $500 to $1,500 in statutory damages per text in violation of the law, depending on whether the violation was made willfully or not.

What’s Wrong With Just Deleting Them?

Nothing, actually – except that it robs consumers of their valuable time. Furthermore, for those who have limited or metered data plans, it is costing them money. Nobody should be expected to pay to have unwanted advertisements, such as clothing store coupons in text messages, thrust upon them. This is one important reason that the TCPA exists.

Additionally, consumers who wish to pursue a TCPA lawsuit against the entities harassing them with spam calls or texts may want to save a record of all scam texts, calls, and voicemails. By saving all clothing store coupons in text messages to your phone instead of deleting them, you may have evidence to prove your case if you decide to join or file a class action lawsuit.

I Have Heard of Legal Challenges to the TCPA. How Do These Affect Consumers?

It is true that there have been a number of court challenges to the TCPA since it was signed into law in 1991. However, with very few exceptions, the law has been upheld and revised several times over the years to reflect and adapt to changes and advances in communications technology.

The law was originally drafted at a time prior to mobile phones and widespread commercial use of the Internet. During the late 1980s, the use of automatic telephone dialing systems (ATDS) was growing among telemarketing companies and was becoming increasingly intrusive. The TCPA was passed in response to consumer complaints about these annoying calls.

Over the years, the law has been expanded to include unsolicited messages sent via FAX, email and most recently, text or SMS messaging.

What Are Some Exceptions to the TCPA?

The TCPA allows certain parties to make unsolicited, prerecorded calls to consumers. These include:

• Certified charities or non-profits soliciting donations
• Political parties and organizations promoting candidates or issues
• Debt collection agencies
• Emergency calls made by organizations including police or law enforcement
• Calls that contain a health care message and are made on behalf of health organizations or hospitals

Even these organizations must abide by certain regulations, however, and are prohibited from calling before 8 am or after 9 pm in the recipient’s time zone. Additionally, these callers must identify themselves and the company they represent during the call. Furthermore, debt collectors may not use autodialers.

Other exceptions are calls that are dialed manually by a person and do not contain a pre-recorded message, and calls that are purely informational and do not contain advertising information. Although some businesses that send clothing store coupons in text messages to consumers may make it look as though these messages are personalized, these texts are generally pre-written and sent via an autodialer, making them illegal.

Can I File a Spam Text Message Lawsuit?

In recent years, dozens of major companies have been hit with class action lawsuits over TCPA spam text messages. In some cases, these TCPA lawsuits have ended with settlements of millions of dollars.

For instance, a TCPA lawsuit against Abercrombie & Fitch ended with a $10 million settlement after customers claimed they received unsolicited texts promoting sales at the store. The lead plaintiff claimed that not only did she not give her consent for these texts, she also wasn’t provided a way to opt-out of receiving them.

If you’ve received restaurant or clothing store coupons in text messages even though your cell phone is registered on the National Do Not Call Registry, you may be able to join this class action lawsuit investigation and pursue compensation.

Consulting an experienced TCPA attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation. Make sure to keep a record of these text messages as this evidence can strengthen your claim. Call logs, voicemails, text messages, or screenshots may all be useful evidence in supporting your case.

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.