Is Hotel Text Messaging Legal?

We’ve all noticed the growing number of spam texts and robocalls in the last few years. They may come from scam callers we’ve never heard of or from companies whose products or services we don’t want.

For instance, if you’ve stayed at a hotel once on vacation, you will likely not want to receive texts messages about deals at that hotel once you get home. So, is a company or hotel text messaging you with advertisements or coupons illegal?

How Common Are Spam Texts and Calls?

Indeed, in the year 2018 alone, consumers in the United States received approximately 26.3 billion robocalls. That number by itself is astonishing, but even more so is that this represents a 46 percent increase compared to robocall numbers from 2017, reports The Washington Post.

Spam texts are on the rise as well. Indeed, approximately 69 percent of Americans have reported receiving spam text messages, according to tatango.com. For most, spam texts are a nuisance. For some, they may even cost money. According to tatango.com, twelve percent of Americans don’t have a text messaging plan and are therefore charged for each unwanted spam text message they receive.

In some cases, this spam can be a method of getting consumers to click links and divulge personal information like bank account or credit card numbers. Spam texts can also slow down cell phone performance when they take up space in your phone’s memory.

Is Spam Texting Illegal?

A company such as a hotel text messaging consumers without their permission with offers or advertisements is illegal, violating a set of laws known as the Telephone Consumer Protection Act (TCPA). According to the FCC, there are some exceptions, like political surveys, fundraising messages, or companies that have received your permission for these communications to take place, as well as in emergencies.

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) was enacted in 1991 as a method of protecting consumers from unwanted solicitation through technology.

Through the years, as technology has developed and telemarketers get increasingly more creative, the TCPA has expanded to include technologies like spam texts and robocalls. Under the TCPA, consumers can receive between $500 and $1,500 per text that violates these rules.

Have any Spam Text Lawsuits Been Filed?

Some of the largest text message spam lawsuits have been filed against companies like Timberland, Rolling Stone, Burger King, and 20^th Century Fox. The Marriott hotel faced a TCPA class action lawsuit in 2017 over illegal hotel text messaging as well, and cruise lines like Carnival, Norwegian, an Royal Caribbean have faced similar suits.

Can I File a TCPA Lawsuit Over Spam Texts?

If you live in Florida have been affected by unwanted hotel text messaging or robocalls, you may be able to file a TCPA lawsuit and pursue compensation.

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 Florida Travel Company TCPA Class Action Lawsuit Investigation

If you live in Florida and received a robocall, pre-recorded message, or unwanted text message to your cell phone from a travel company without first giving your consent to the company, you may qualify to file a TCPA class action lawsuit.

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