What to do about spam text messages from car dealers

Getting annoying text messages is a disruption in your day, clogs up space on your phone, and can even lead to unwanted charges. These are some of the many reasons why consumers getting spam text messages want to know how to stop these incoming marketing or promotional messages.

How can I stop spam texts?

Most people will try to text back “stop” as a first response to ending these spam messages. If a car dealer sending you messages has not gotten your permission to send them out, however, even one text message is a problem. Unfortunately, while replying “STOP,” to legitimate companies may work to add you to their do-not-contact list, replying to a spam text may only verify to the spammers that your number is real and attached to a person.

There are several other ways consumers can attempt to stop spam calls and texts from companies such as car dealerships. Consumers may be able to block numbers that repeatedly contact them, either by toggling their phone setting or purchasing an app meant to block spam calls and texts, according to USA Today. However, many companies that send spam texts will simply begin to contact consumers via a different number if they are blocked.

It may also be possible to report spam messages to your cellular carrier by copying the text and forwarding it to your carrier. Reporting these texts to the Federal Trade Commission (FTC) may also be an option. Consumers may also be able to sign up for the National Do Not Call Registry, if they haven’t already, which is administered by the FTC. According to the FTC, the Do Not Call Registry had more than 229 million active registrations as of its 2017 report.

However, in many cases, consumers may be unable to stop companies from sending them spam texts unless they file a lawsuit against the spammers to compel them to stop.

If you continue to receive messages from a car dealer after you’ve requested that this stop, you should consider filing a lawsuit with the help of an attorney.

Even though text messages have become a very popular way to reach consumers, companies are still held to legal standards about the circumstances under which they can send these messages. If a car dealer has violated these laws, it’s up to you to take the next step in holding them accountable.

Under the Telephone Consumer Protection Act (TCPA), enacted back in 1991, consumers are protected against unwanted solicitation using technology. Of course, technology has changed pretty drastically since 1991, and telemarketers have developed new ways to contact (and harass) consumers. Therefore, the TCPA itself has expanded in response, including new technologies as they develop, such as spam texts, robocalls, and prerecorded messages, among others.

The TCPA was updated in 2012 so that telemarketing calls and texts now require “prior express written consent” after consumers have received “clear and conspicuous disclosure” of the terms of the agreement.

How do these car dealers even get my number?

Perhaps the most annoying kind of unwanted text message is from a company you have never heard of or done business with. If you are a customer of a business and submitted your information as part of a contest or through a sign-up acknowledging your willingness to receive text messages, that’s a different scenario than when a company contacts you without permission.

This second circumstance might even be illegal, which empowers you as the consumer to contemplate litigation as a means of addressing the unwanted spam texts.

When you get unwanted spam text messages from car dealers, it’s possible that they got your information because it was sold by a third party site, such as a social media company. Companies may obtain your number when you sign up for a rewards program, enter a contest, or create an account.

Your number might also have been collected if it was ever used to dial an 800, 888, or 900 number. In those cases, your number was stored in a database that might have been collected at a later point by a marketing company the car dealership is now using.

Can I take legal action?

As the practice of spam text messaging has become more of a problem for consumers, complaints with regulators have increased. For this reason, some spam text messages from car dealers might cross the line from simply annoying to illegal.

In those cases, you’d want to discuss your options directly with an experienced lawyer to learn more about how you can file a lawsuit to hold the company accountable. Some consumers have turned to litigation as a means of not just addressing the immediate issue of unwanted texts from the company at hand, but also sending a more serious message to other businesses about the potential litigation risk associated with sending these messages.

If you or someone you know has received unwanted text messages that you did not sign up for or in cases in which you have asked the company not to send them anymore, you might be able to file a lawsuit with the help of an attorney — contact Top Class Actions for help finding that lawyer. There may even be many others in a similar situation as you are, opening up the possibility of class action litigation.

Under the TCPA, consumers may be eligible for an award of between $500 and $1,500 per violation, depending on if the violation as made negligently or willfully.

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 Car Dealership TCPA Violations Class Action Lawsuit Investigation

You may be eligible to join this lawsuit investigation into car dealership TCPA violations under the following circumstances:

• You did NOT provide express permission in writing to the car dealership to receive the calls or messages.
  You did NOT purchase a vehicle from the dealership that is contacting you.

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