Spam Text Message Recipients Sue Florida Realtor

A Florida real estate company is the named defendant in a recent class action lawsuit over spam text messages sent in violation of the TCPA.

Lead plaintiff Henry Grigorian says that the defendant Barbar Realty Partners LLC sent automated text messages to his cell number without his permission or authorization.

Furthermore, these spam text messages were allegedly sent in such a manner as to trick recipients into believing they were personalized messages sent from an individual.

It is not the first time that Florida realtors have had to defend themselves in TCPA lawsuits. A number of these real estate companies have been targeted in class action and individual lawsuits, filed by consumers claiming they received unwanted marketing calls and SMS messages.

Spam Text Allegations

According to the complaint, the defendant employed what is known as “long code SMS.” Unlike short code SMS, which are typically 5 or 6 digits, that can be used to send thousands of text messages at one time. One of the downsides of short code is that they can seen impersonal.

Possibly for this reason, the defendant opted to use long code, which is like standard 10-digit phone numbers. This way, the recipient will not usually realize that a spam text is part of a mass-messaging campaign, and is left with the impression that the message was a personal one.

In the defendant’s case however, the “impersonal and generic nature” of the spam text messages suggested that an autodialer was used.

How Autodialers Make it Easier for Spammers

An “automatic telephone dialing system,” or ATDS, operates with virtually no human input. These devices store numbers and are even able to generate sequential numbers – which the complaint says were both utilized by Barbar Realty.

What Does the Law Say About Text Messaging?

The Telephone Consumer Protection Act was passed in 1991, long before email and text messaging existed and at a time when few people had cellular phones. It was also around that time that use of autodial technology was becoming widespread.

Originally, the TCPA was intended to regulate and limit who telemarketers were allowed to call and provide consumers a way to stop such contact. As communications technology has evolved, the original law has been amended a number of time to reflect those changes.

Telemarketers have challenged the law, arguing that the TCPA does not apply to SMS messaging. The FCC disagreed and in November 2016 issued a public notice, advising businesses that under the TCPA, text marketing was treated no differently than any other form of electronic messaging, and that restrictions continued to apply.

Why is Spam Text Such an Issue? Why Not Simply Delete It?

Aside from being intrusive, spam texts can get expensive for those subscribers who have limited data plans in which they are charged for incoming messages. These unwanted messages can also take up storage on one’s device.

Those who violate the TCPA can be liable for up to $5,000 in fines per documented violation.

The current TCPA Class Action Lawsuit is Case 9:19-cv-81110-RS, U.S. District Court for the Southern District of Florida.

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.