Autumn McClain  |  March 31, 2020

Category: Legal News

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Can you file a robotext lawsuit?

Navy Federal Credit Union (NFCU) has agreed to pay $9.25 million to settle a robotext lawsuit claiming the company sent numerous robotexts to non-consenting consumers, according to Law360

Plaintiff Ben Hawkins alleges that he received hundreds of unsolicited robotexts from the defendant that caused his “aggravation and inconvenience.” He also alleges that NFCU knew that the methods they were taking to contact potential customers was illegal under the Telephone Consumer Protection Act (TCPA) because the company had been sued for similar offenses in the past. Hawkins argued that, under the TCPA, texts and calls are functionally the same.

The Navy Federal Credit Union Robotext Lawsuit is Hawkins v. Navy Federal Credit Union, Case No. 1:19-cv-01186, in the U.S. District Court for the Eastern District of Virginia.

Telephone Consumer Protection Act

Under regulations issued by the Federal Communication Commission (FCC), companies must “employ… consumer-friendly practices when using automated telephone-dialing equipment.” The FCC expanded that coverage to robotexts in 2019.

According to the TCPA, there are several boundaries telemarketers have to respect when targeting consumers. First, the company must maintain a do-not-call list that is specific to that company. Calls are restricted to between 8 a.m. and 9 p.m., and telemarketers must abandon no more than 3 percent of calls that are answered by a person and only after 15 seconds or four rings.

The name of the “entity responsible for initiating the call” must be given, as must their phone number. Telemarketers are also barred from blocking their caller ID.

Based on an addition made in 2012, telemarketers must “obtain prior written consent” from those they intend to call or message before they can legally do so. Previously, an “established business relationship” was enough to allow telemarketers to contact you. Telemarketers must also provide an “opt-out” option for consumers.

Robotext Lawsuit

Everyone from Postmates to the President’s re-election campaign has faced a robotext lawsuit, but most companies and organizations accused fight hard to see the suits dropped. According to Bloomberg Law, the Postmates suit was dismissed, and Media Post reports that the Trump campaign is attempting to have the robotext lawsuit against them dropped as well. Subway Restaurants Inc. recently secured a dismissal of a robocall suit they faced, as well. 

These cases are hard to win, but not impossible. Bloomberg Law reported on a robotext lawsuit in 2019 that led to an $8.7 million settlement against SmartPay Leasing Inc., a phone leasing company.

How to Avoid Robotexts and Calls

Robotext lawsuits may be filed if you are victim of unwanted textsThe FCC lists several steps you should take as a consumer to avoid receiving spam texts and calls. The first step is simply not to answer calls or texts from numbers you don’t know. If you do receive a call, don’t answer any questions, especially not if the answer is “yes.” If the caller tells you to push a button to stop receiving calls, just hang up. According to the FCC, scammers use this method to identify targets.

Don’t ever give out your personal information to any suspect or unexpected callers or messengers. If you receive a call or text from a person claiming to represent a government agency, hang up and try to contact the agency directly. In most cases, written statements will be sent via the mail before you receive a legitimate call. In general, if a caller starts asking for information immediately, be cautious. 

If you have voicemail, be sure to set a password on your account. Hackers can imitate your phone number in order to gain access otherwise. If you find yourself receiving repeated, unwanted calls, talk to your phone service provider about options for blocking numbers.

If you are already using a robocall blocking service, be sure to let the provider know if you receive any robocalls. The FCC maintains its own Do Not Call List which you can use to register your number. Legitimate telemarketers consult this list before making calls or messages to avoid any violations that could lead to a robocall or robotext lawsuit.

UPDATE: July 2020, the Navy Federal TCPA class action settlement is now open. Click here to file a claim.

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.

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42 thoughts onNavy Federal Credit Union Settles Robotext Lawsuit For $9.25M

  1. Pammie says:

    I’m just getting something today in the mail and checks went out in January of this year.
    Well better late than never ?
    Thanks TCA

    1. Carol says:

      Was it a check?

  2. CAROLYN F SMITH says:

    Go to the bank does a checklist issued from they will cash it

  3. Jess says:

    Try emailing them. You can get their email address from the settlement website. When I was waiting on my check I emailed them to see why it was taking so long and they responded within 24 hours.

  4. CAROLYN SMITH says:

    I am trying to get a hold of the person with these checks to find out what’s going on I can’t get a hold of anybody I have called numerous numbers and I can’t get no information about the checks I tried cashing it twice no one will cash it they said the person that wrote the check will not approve it so I don’t know what to do

  5. Casey Stephens says:

    Why can’t I cash my check

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