Why Am I Getting Clothing Store Ads in Text Messages?

Many people have continued to receive restaurant and clothing store ads in text messages despite their numbers being on the National Do Not Call Registry. These clothing store and restaurant texts may constitute violations of the Telephone Consumer Protection Act (TCPA), a law that has been in force since 1991.

Some violators fail to understand that the TCPA has been updated and revised a number of times over the years to reflect changing communications technologies, and applies to text messaging as well as voice mails, phone calls and faxes. Others may simply be scofflaws who believe spam text messaging actually makes an impact instead of alienating potential customers.

No matter what the reason, those who illegally send restaurant marketing and clothing store ads in text messages can be liable for as much as $1,500 per violation – as a number of recent class action lawsuits have demonstrated.

What is the TCPA?

The Telephone Consumer Protection Act was passed back in 1991, at a time when communications technology was making it much easier for telemarketers to place sales calls to thousands of numbers automatically, using “autodialers.”

The problem became so serious that the Federal Trade Commission established the National Do Not Call Registry. The Registry, created under TCPA authority, protects consumers from receiving intrusive, unwanted electronic solicitations. This is especially important for subscribers who are on limited data, per-minute or per-message fees, as unwanted incoming calls can add to their expense.

As technology has shifted over the years, so too has the TCPA expanded to include these new technologies and the way that spam callers use them to target consumers.

According to the FCC, for the last six years, the TCPA has also required that companies obtain express written consent from consumers before sending text spam ads or robocalls. There is an important caveat included in these rules, which is that messages sent due to an emergency may be sent without prior express written consent.

Even after giving express written consent, you should also be able to revoke your consent at any time to once again opt out of these communications.

Violations of the TCPA can incur between a $500 and $1,500 fine per violation, depending on if it was committed negligently or willfully.

Unfortunately, the number of telemarketing calls and spam texts we receive is still increasing from year to year. In fact, in 2018 according to the Washington Post, Americans received a total of approximately 26.3 billion robocalls—a 46 percent increase from the 2017 numbers.

How do I Stop Spam Texts?

In some cases, stopping spam texts may be as simple as asking the sender to take you off their list. Some companies are willing to abide by TCPA rules and, with any express consent you may have given to the texts being definitively revoked, will not contact you again. However, not all companies will actually stop sending these spam texts—fortunately, there are other ways to report spam texts.

How do I Get My Number on the Do Not Call Registry?

Simply visit the Federal Trade Commission’s Do Not Call website. You can register your number, confirm an existing registration and report violations. This service is provided free of charge.

My Phone is Registered. Why Do I Still Get Clothing Store Ads in Text Messages?

If you have registered your number with the Do Not Call Registry, it may take up to 31 days from the date of registration for the calls and texts to stop.

If that time has passed and you’re continuing to receive restaurant and clothing store ads in text messages, it is possible that the violators fail to understand that the TCPA applies to all forms of electronic communications. This has been an issue in a number of recent lawsuits in which defendants claim that the law does not cover text messaging.

In 2016, the Federal Communications Commission published a public notice announcing that all text message senders are required to comply with TCPA regulations.

What Can I Do if I Still Get Unwanted Texts?

Unfortunately, sometimes adding your number to the Do Not Call Registry and reporting spam texts is not enough to stop them. In these cases, some consumers have turned to litigation.

Indeed, a number of major clothing and restaurant companies have been hit with class action litigation over spam text messaging in the last several years. In some cases, these lawsuits have ended with multimillion-dollar settlement agreements, as in the case of a recent Abercrombie & Fitch TCPA lawsuit and a recent settlement with Hot Topic.

The Hot Topic lawsuit, filed back in March 2018, alleged that the retailer was sending ads via text message to customers who had not agreed to these communications—and in fact, even when these customers had actually opted not to receive the texts. Hot Topic agreed to a $2.9 million settlement to bring an end to the lawsuit’s claims.

Another clothing retailer, Simply Fashion, agreed to a $6.25 million class action settlement in 2018.

If your number is on the Do Not Call Registry and you have not given a restaurant or clothing store permission to contact you, the Telephone Consumer Protection Act provides you with the right to take legal action against companies that violate its terms.

As noted above, a number of class action lawsuits have been filed successfully by consumers who have been subject to unwanted, unauthorized clothing store ads in text messages.

If you, like countless other consumers all across the United States, have been targeted with spam texts, phone calls, or messages, you may be able to file a TCPA lawsuit and pursue compensation. Filing a lawsuit helps enforce the regulations of the TCPA, and also help sot fight back against the ever-increasing number of spam calls and texts being sent today.

If you have received text message ads from marketers without your permission, contact an experienced TCPA attorney today. 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.

In order to have the most effective claim possible, it is important to keep record of any unwanted text communications that may be considered evidence, so save digital and written record of any relevant messages.

Join a Free Text Message Coupon Class Action Lawsuit Investigation

If you have received coupons or sales advertisements in a text message from a restaurant or clothing retailer and your phone number is registered with the National Do Not Call registry, you may be entitled to compensation.

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This article is not legal advice. It is presented 
for informational purposes only.