What to Do About Spam Texts from Car Dealerships?

Consumers who receive spam texts may want to speak to a legal professional about the possibility of filing a TCPA lawsuit.

What Can I Do About Spam Texts?

Spam texts can be annoying. They can clog up text inboxes, take up prepaid minutes, and intrude on an individual’s sense of peace. Businesses such as car dealerships may send text messages with alerts about purchases or they may use text messages to inform consumers about sales and deals.

When consumers start to get numerous spam text messages, they may want to check with the senders to make sure they have not accidentally subscribed to text messages. If they have, consumers should revoke their consent to receiving these messages.

In some cases, this may not be enough and car dealerships or other businesses may continue to send spam text messages. In these situations, consumers may want to see if spam messages violate federal laws such as the Telephone Consumer Protection Act.

What is the Telephone Consumer Protection Act?

The Telephone Consumer Protection Act (TCPA) is a federal law that was passed by Congress in 1991. Since then, the law has been amended numerous times to expand the scope of the protections provided by the act. The law is enforced by the Federal Communications Commission (FCC), a government agency charged with regulating telephonic of communication.

A variety of behaviors are prohibited under TCPA, including:

• Calling before 8 am or after 9 pm local time;
• Failing to maintain an internal, company-wide “do not call” list or calling individuals on a company’s do not call list within a 5 year period after being added;
• Calling individuals on the National Do Not Call Registry;
• Failing to identify who is calling;
• Using an artificial voice or prerecorded message;
• Sending unsolicited fax advertisements;
• Sending spam text messages;
• And more.

All of these behaviors are generally prohibited by TCPA unless a consumer has provided prior express written consent.

According to the Federal Trade Commission, there are limited situations where spam text messages are legal. Exceptions include transactional or business relationship messages, such as when a business sends statements or warranty information, and non-commercial messages, including political surveys or fundraising messages.

What Can I Get from A TCPA Spam Text Lawsuit?

If consumers receive unsolicited text messages that violate TCPA, they may want to take legal action against the offending businesses.

Under TCPA, consumers can be awarded up to $500 in statutory damages for negligent violations and up to $1,500 for willful violations. This means that plaintiffs may be awarded up to $1,500 for each individual text message. This can quickly add up to thousands of dollars in awards should a TCPA lawsuit go to trial.

In some cases, car dealerships and other businesses may choose to settle TCPA lawsuits against them instead of paying thousands of dollars in a trial verdict. The exact payout of these settlements may vary, but they typically provide significant compensation for affected consumers.

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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