Why Am I Getting Spam Text Messages?

Florida consumers report that local realtors are bombarding them with promotional text messages that they never consented to receive.

Approximately 4.5 billion spam text messages are sent to consumers every year in the United States. These messages usually contain information regarding advertising, coupons, or special offers for services or goods provided by the company sending the message.

Many are now wondering: what can you do about unwanted text messages?

Under the right circumstances, the recipient of an unsolicited marketing text message can sue the sender under a federal law known as the Telephone Consumer Protection Act, or TCPA. A Florida realtor may be in violation of the TCPA if it uses certain automated equipment to send text messages to people who have not given prior express consent to receive such messages.

What Defines Text Message Spam?

Due to the invention of new technology that allows solicitors to send pre-written text messages to hundreds or thousands of consumers at a time, spam text messages are becoming a commonplace annoyance. Many companies and scammers use spam messages to target and advertise to hundreds of consumers at once.

According to the Federal Trade Commission (FTC), text message spam is the cell phone equivalent of spam email. It includes commercial and autodialed messages from realtors that don’t already have a business relationship with you.

These messages hog your phone’s electronic resources and may lead to increased charges from your cell service provider. Texts sent for marketing purposes can waste your time and attention, too. The more insidious messages may encourage you to reveal sensitive personal information.

According to USA Today, while some consumers may receive spam messages after signing up for an account at a retail store or including their phone number on an online form, others are simply chosen at random by an auto-dialing or auto-texting service.

When Is Text Message Spam Illegal?

Legitimate companies may send TCPA compliant text messaging as a way to advertise goods, services, or sales, but similar messages may also be sent by scammers and telemarketers. Scammers often use spam texting as a way to determine whether a real human is attached to a phone number. Many spam texts will include an option for the consumer to opt out of receiving future messages, usually by replying “STOP” to the spam text. However, attempting to opt out may only identify you as a target for future spamming.

The Telephone Consumer Protection Act (TCPA) was established by Congress in 1991 to protect consumers from being harassed by spam calls. In 2012, the FCC updated the TCPA to reflect new technology. Under the terms of the TCPA, solicitors and telemarketers are subject to a variety of rules meant to protect consumers’ privacy. These rules include not contacting consumers without obtaining their explicit prior consent, maintaining company-specific do-not-call lists and abiding by them, abiding by the National Do Not Call List, and allowing consumers to opt out of being contacted.

Companies and spammers who do not abide by the rules of the TCPA may be subject to fines and other legal action. Victims of harassing spam text messages may be able to hire an attorney and pursue litigation against these solicitors in order to stop the spam messages, as well as pursue compensation. Victims may be able to collect between $500 and $1,500 per violation.

The TCPA makes it illegal for a company to transmit unsolicited commercial messages, both phone calls and text messages, to wireless devices unless the sender first gets the permission of the recipient. Unsolicited text messages also cannot be sent using an autodialer without the consumer’s consent.

There are exceptions to this law including:

• Non-commercial messages, such as fundraising messages or political surveys.
• Relationship or transactional kinds of messages, such as when a company has a previous relationship with you and can send you details like warranty information or statements.

What Is Express Consent?

The key difference that determines whether or not something is TCPA compliant text messaging is if a consumer has given their prior express consent. Express consent is key for anyone who is using text messages to communicate with prospective customers. In order for a business to send promotional texts to their consumers, they must get express consent from every person on the list. This is given electronically or on paper.

Consent is revocable. So a consumer who grants consent, then changes their mind can revoke the company’s right to spam their smartphone. Consent can generally be revoked verbally, though some agreements between a consumer and a company (like a credit card user agreement) may require that revocation to be in writing.

Spam Text Message Examples

There are a few significant spam text message examples to look out for. Paying attention to these spam text message examples can help tip you off when a message might be spam—or even a scam, with scammers trying to gain access to your personal or financial information.

According to the FTC, scammers might use a number of different tactics to lure you in, including but not limited to:

• Promising free prizes, gift cards, or coupons
• Offering you a low or no interest credit card
• Promising to help you pay off your student loans
• Saying they’ve noticed some suspicious activity on your account
• Claiming there’s a problem with your payment information
• Sending a fake invoice and tell you to contact them if the purchase was unauthorized
• Sending you a fake package delivery notification

Other spam text message examples may not come from scammers, but from legitimate businesses, with offers of sales, coupons, and more. Even if these messages aren’t designed to trick you, if you have not given express consent to receive such messages, they may be in violation of the TCPA.

How to Stop Spam Messages

One of the first steps to dealing with text message spam is to avoid responding to any of the text messages that request personal information. Avoid clicking on links included in the messages, as these links may install malware on your smartphone.

You can block the phone number from which the text originates using different methods depending upon the type of phone. If you own an iPhone, you would first want to open the specific text in question and press the phone number at the top of the screen. This action should be followed by tapping the small “i” for information which should then appear at the top of the next screen. Once a detail page opens up, an option for “Block This Caller” should appear and can be selected.

If you own an Android phone, you again need to specifically open the spam text in question. The next step would be to tap an icon that looks like a colon with an additional dot (three dots) and select the option to “Block Number”. These methods generally work really well save for the fact that many spammers will rotate to different numbers in attempts to reach consumers.

Listing your number on the National Do Not Call Registry can help prevent many spam text messages, and you can report a spam text violation of the registry with the FTC.

How to Report a Spam Text

While different phone numbers from the same spammer will likely be used, keep blocking using this same method. Additionally, you might want to report a spam text to your mobile carrier. As indicated by the PCmag.com article, copying the text and texting it to 7726 (SPAM on the phone keypad) will work with AT&T, Verizon, T-Mobile, and Sprint. It never hurts to report a spam text and get your cell service on board in the fight against nuisance texts.

Those who want a solution with more muscle than to simply report a spam text may be able to file a TCPA lawsuit. These claims can result in statutory damage awards of $500 to $1,500 for each spam text that violates the TCPA.

Consumers have rights when it comes to spam messages. Many spam text messages are sent illegally. According to the Telephone Consumer Protection Act and the Federal Communications Commission, companies are prohibited from sending unsolicited commercial messages without the permission of the recipient. Using an auto-dialer to send pre-recorded or pre-written messages to multiple phone numbers at once is also illegal. Consumers who have been contacted or harassed by spam messages may be eligible to file a lawsuit under the Telephone Consumer Protection Act and seek compensation, as well as a reprieve from future spam texts.

Some consumers in Florida argue that they have been receiving unauthorized and unwanted spam text messages from realtors attempting to build a relationship with them. These text messages could be in violation of the TCPA and could enable consumers to take legal action. Consider participating in this free TCPA text messages class action lawsuit investigation if you have received spam text messages from a Florida realtor.

Filing a TCPA text messages lawsuit can help provide compensation, as well as hold the companies responsible accountable for their actions. Litigation can help ensure that companies stick to TCPA compliant text messaging.

Pursuing a TCPA text messages lawsuit may 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 TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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