Trump Campaign Texts Reportedly Spark Clash with Cellphone Carriers

As the 2020 election nears, more and more Americans are reportedly receiving unwanted Trump campaign texts. Donald Trump’s reelection campaign has even been hit with lawsuits over these Trump campaign texts, with consumers alleging the texts were sent in violation of the Telephone Consumer Protection Act (TCPA).

Now, the Trump reelection campaign is reportedly going toe-to-toe with cellphone carriers over its right to send unsolicited texts. Business Insider reports that, after a third-party screening tool blocked Trump campaign texts in early July, the Trump campaign’s lawyers contacted major cellphone carriers and are now in active talks, claiming that screening the campaign texts is essentially the suppression of political speech.

According to Business Insider, there is currently a “standoff” between Trump and carriers, which at one point was mediated by Jared Kushner, Trump’s adviser and son-in-law. Kushner reportedly called the CEOs of Verizon, AT&T, and T-Mobile to complain about the block.

The cellphone carriers, in turn, worry that allowing these unsolicited Trump campaign texts through will result in severe fines for violating rules that protect Americans from spam messages.

The Trump campaign is not the only one utilizing political texts—consumers have been receiving campaign texts from all across the political spectrum for months, reports The Wall Street Journal. This was likely exacerbated by the ongoing coronavirus pandemic, which limits what political campaigns can do to reach out to voters in person.

Many cellphone users claim that they did not opt into these political texts. However, the laws over spam texts, especially regarding political communication, are somewhat murky, so it’s unclear whether or not these campaign texts actually violate the law.

It’s worth noting that the Trump Administration actually imposed even steeper fines for spam robocalls. Now, fines can reach up to $10,000 per robocall.

The Trump campaign maintains that Trump campaign texts do not violate spam laws.

“Any effort by the carriers to restrict the campaign from contracting its supporters is suppression of political speech. Plain and simple,” said a spokesperson for the campaign, reports The Verge.

The CTIA wireless industry group said that “we expect all senders—whether airlines, schools, banks, or campaigns—to include clear opt-out language and gain prior consent before sending a text. These simple steps help protect consumers from spam, and maintain text messaging as a trusted medium for everyone.”

The Trump campaign’s tactics have been criticized widely for aggressive mass texts, and the campaign has been hit with multiple lawsuits so far. The litigation over Trump campaign texts goes back to his first campaign, with two Chicago-area plaintiffs suing the campaign over auto-dialed texts back in 2016, Politico reports.

The campaign’s Federal Election Commission filing indicated $200,000 paid to the law firm defending the campaign on Dec. 27, 2016. Just a couple of weeks later, the plaintiffs dropped the case, and though they did not submit a settlement for approval or say why they were withdrawing their case, Politico notes that this gives the appearance of an informal settlement agreement between the Trump campaign and the plaintiffs.

More recent lawsuits have been filed over reelection campaign texts. In one, brought in 2019 by three plaintiffs who claim that Trump campaign texts violate the TCPA, the Trump campaign attempted to have the lawsuit dismissed. However, a federal judge in Minnesota shot down those attempts in June.

If you have been the target of unsolicited spam texts or robocalls, you may be able to file a TCPA class action lawsuits 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.

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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.