What You Can Do About Text Spamming Car Dealers

Text spamming is a daily annoyance to many consumers, which has led them to research different ways to block or minimize unwanted communications.

It is important to note that spam text messages are illegal under federal communication laws if companies fail to follow proper protocol, and they could be hit with legal action as a result.

Under the Telephone Consumer Protection Act (TCPA), spam text messages that are sent with an automated dialing system are legal if companies get express prior consent from consumers.

The TCPA was established in the early 1990s to help consumers defend themselves against aggressive telemarketers. It has since been amended to cover text messages.

The TCPA has several provisions that telemarketers must follow, including calling within reasonable daytime hours and only contacting consumers who have given prior consent. The TCPA also requires companies to stop calling customers when asked, and respect that request for at least five years.

Even with this federal regulation in place, several car dealerships have been allegedly text spamming consumers without their consent, which has spurred many consumers to ask questions about whether or not this practice is legal.

What is text spamming?

According to the FTC, text spam messages often consist of solicitations for products or services from companies, which may also ask consumers for their personal information.

These messages often consist of gifts or promotions like gift cards, which may require consumers to share personal information including bank account information. By clicking on the links, it could make consumers vulnerable to malware and identity theft, as well as unwanted charges on their cellphones.

Is text spamming illegal?

Generally, it is illegal for companies to send unwanted text messages to phones and other handheld devices unless the consumer gives express prior consent. As mentioned above, it is also illegal for companies to use automated dialing systems without consumer consent.

At least one car dealership trade organization has addressed the problem of TCPA violations and spam messages. The Florida Automobile Dealers Association provides advice to dealers on how to best comply with the TCPA while reaching customers. But despite the law’s requirements and the advice on how to comply, car dealerships still may be violating the TCPA.

The blog Text2Drive notes that many dealers inadvertently violate the TCPA by not providing text recipients the option to opt out of the messages. If you received a text message from a dealer that did not have an “opt out’ option, the message may be in violation of the TCPA. For further adherence with the law, the blog also advises car dealers to allow customers two chances to opt in to messages — a “double opt in” option to make sure that they have fully understood and consented to receiving messages.

However, though there is a lot of advice circulating in the car dealership industry on how to comply with the TCPA, you may still receive messages from a dealership that do not comply with the law.

Spam messages from dealers are a persistent problem, but some texts from dealers may be necessary. One kind of message you may get from a car dealership is a message to perform work on your car. This may not qualify as a TCPA violation, because they have to ask you if they can perform additional work on your vehicle. Texting about the work that they need to do is one way to seek your authorization, says Text2Drive.

How do I stop spam text messages?

With some spam texts, consumers may have the option to reply “STOP” which should place the consumer on the company’s do-not-call registry. The company must then respect this request for the next five years.

But experts warn that consumers should only do this with legitimate companies, and not ones that ask for personal information. Other ways consumers can block spam text messages include:

• Deleting the unwanted text messages, especially ones that ask for personal information. Legitimate companies do not ask for that kind of information.
• Do not reply or click on the links provided in the message, which can potentially include malware.
• Treating personal identification information like money, such as Social Security number and credit card numbers.
• Placing their cellphone number on the National Do Not Call Registry.
• Reporting spam messages to AT&T, Verizon, and other cellphone provider, by copying the original message and forwarding it the number 7726 (SPAM), free of charge.
• Reviewing cellphone bill for any unusual charges.

What are the penalties companies can face for illegal text spamming?

Companies can face up to $1,500 in statutory damages per unwanted spam text message, so it is important for consumers to keep a log of these communications. This includes the date and time of text summary of the message, and the phone number of the sender. If you have received spam text messages from a car dealership, you may qualify for a lawsuit investigation into TCPA violations.

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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