Why Am I Getting Restaurant Ads in Text Messages?

If your phone number is registered in the National Do Not Call Registry, but you still receive clothing ads and restaurant ads in text messages, the senders could be in violation of the Telephone Consumer Protection Act (TCPA).

The Federal Communications Commission (FCC), in coordination with the Federal Trade Commission (FTC), established the National Do Not Call Registry in 2003 in an effort to reduce the number of hang-up and unwanted phone calls consumers receive.

What if I just Added My Cell Phone Number to the Do Not Call Registry Last Week?

Adding your number to the registry doesn’t immediately stop unwanted calls. According to FCC and FTC rules, telemarketers have 30 days from the date you register your phone number to take it off the list. Once the 30 days have passed, you should not receive any more unsolicited phone calls or spam text messages.

What Does the TCPA Prohibit?

The TCPA prohibits businesses from sending some types of advertisements to potential customers via text, voicemail, phone call, or fax. This law was originally passed by Congress in 1991. The law attempts to protect consumers from bothersome advertising as technology evolves and it becomes easier and easier for businesses to bombard people with advertisements and messaging.

The TPCA has undergone revisions since it was enacted. These revisions help the law keep up with changing technology. One of the ways in which the TCPA protects consumers from advertising now is by prohibiting businesses from sending spam text without the recipients’ consent — this has become an increasing issue as text messaging has become increasingly popular.

Many of the text messages that advertisers send to consumers are sent using autodialers. Because they are sent to many people, these messages are impersonal and often unwanted.

In 2003 and 2008, the Federal Communications Commission grappled with the issue of what does or does not constitute an autodialer, and whether or not certain devices should be regulated by the TCPA. In 2015, predictive dialers were determined to be autodialers and were regulated by the TCPA. Autodialers are largely prohibited by the TPCA — if a text is sent by an autodialer from a restaurant, that message may be violating the TPCA. 

However, some courts still debate the extent to which the TCPA can regulate autodialers and predictive dialers. The TCPA continues to be a point of debate, but can provide significant protection to people against potentially bothersome messages.

What if I Have Been to a Restaurant That Starts Sending Me Text Messages?

According to TCPA regulations, telemarketers are not allowed to use an “established business relationship” as a form of consent from consumers. A consumer must provide express, written consent to legally receive telemarketing phone calls or text messages from a business.

What if the Business Uses a Third Party to Send Telemarketing Text Messages to My Cell Phone?

In a 2017 North Carolina federal district court case, a jury reportedly found Dish Network liable for its vendor’s violations of the TCPA. Dish was ordered to pay more than $61 million in damages because the company was found to have authority over the vendor that knowingly and willfully violated TCPA by contacting numbers on the National Do Not Call Registry.

How Do Spammers Get My Phone Number?

Getting a text notification that someone you have never heard of or a company you’ve never done business with has reached out to you can be extremely frustrating. Increasingly spammers know how to find you on your cell phone.

But understanding how these people get your information and options available to you to stop it is important so that you can remain focused on only receiving and reading the messages you want. FCC data showed that there have been more than 10,000 complaints made to the federal agency about unwanted telemarketing, text messages, and robocalls.

These calls and texts are annoying and disruptive, but they might also be illegal.

There are certainly some cases in which a customer might have previously opted to provide information to that particular company, such as a restaurant. In other cases, however, companies are leveraging a tool known as an autodialer, reaching out to mass numbers in a very fast manner as a text message hack.

These autodialers are simply looking for any response and then they store your information and continue to reach out to you.

Don’t hit any buttons on these text messages that say opt out and don’t click on any links or attachments from numbers that you don’t recognize. You should never reply to the text itself if you believe that a spam text has been sent to you. You can report the spam text to your carrier, consider consulting with an attorney, or block the number that the text message came from.

What Monetary Award is Available in a TCPA Class Action Lawsuit?

Settlement amounts vary, but if a text message or phone call was made in willful or knowing violation of the TCPA, a claimant may be awarded $500 to $1,500 in statutory damages for that call or text. In some cases, claimants may receive even more if their TCPA attorney can prove actual damages in excess of those statutory amounts.

What if I Attempt to Unsubscribe, but I Continue Receiving Text Ads?

In a class action lawsuit against Checkers Drive-In Restaurants Inc., the lead plaintiff said he tried to unsubscribe from Checkers’ restaurant ads in text messages, but continued to receive more texts from the company. Court documents indicate other consumers tried to opt out of receiving the text messages, too, by replying with words such as “stop”, “unsubscribe”, and “quit”, but also continued receiving the texts.

Checkers allegedly used an autodialing system to send mass text messages, and autodialers are banned from use unless express written permission is given to receive such communication, according to the TCPA regulations.

Checkers agreed to a $3.5 million class action settlement that received preliminary approval in May with a fairness hearing scheduled for Sept. 17, 2019.

The Checkers Drive-In Text Messages Class Action Lawsuit is Joel Medgebow v. Checkers Drive-In Restaurants Inc., Case No. 9:19-cv-80090, in the U.S. District Court for the Southern District of Florida.

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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.