Updated: Feb 27
In contemporary society, many individuals are heavily reliant on their mobile phones, to the extent that these devices have become an integral part of their daily lives. As a result, marketers have begun targeting individuals through text messages. However, it is imperative to note that sending text messages without prior consent is illegal. As previously discussed on our blog, it can be challenging to determine which messages constitute a case. One of the primary difficulties individuals encounter is distinguishing between spam and scam texts. Our team of TCPA lawyers is available to assist with this issue.
Spam vs Scam
Differentiating Between Scam and Spam Texts Differentiating between spam and scam text messages can be challenging. However, there are guidelines to help identify each type. Spam texts are promotional messages sent by a company related to a specific product or service. On the other hand, scam texts are sent either maliciously or to promote products or services unrelated to the recipient.
4 Common indicators of scam texts
The following are four common indicators that a text message is a scam: Scam text messages are more recognizable and more likely to be received. In Florida, individuals have received over 594 million scam texts, resulting in a financial loss of approximately 90 million dollars. To avoid such situations, our accident attorneys provide tips to watch out for.
1. Any phone number that seems excessively long.
Text messages are typically sent from phone numbers with ten digits. If a message
is received from a phone number that is longer than ten digits or shorter than five,
individuals should be cautious and avoid responding.
2. Out-of-the-blue family crisis messages from an unfamiliar number.
If an individual receives a message from someone they do not recognize stating
that a family member is in trouble and asking for financial help, they should be
wary. These types of scams prey on emotional connections, and the best course of
action would be to contact the police.
3. A text message offering a refund.
If a message is received stating that an individual was overcharged for a product or
service and that a refund is available upon providing direct deposit information, it is
a scam. Individuals should never provide such information.
4. A random prize winner text message.
If a message is received stating that an individual has won a contest they did not
apply for, it is a scam. Even if the message appears to be from a company they are
familiar with, such as Walmart, individuals should not respond. Instead, they should
contact the company directly to verify the contest's legitimacy.
Defining Spam Texts
A spam text is a message sent by a company to promote a product or service without prior consent. For example, if an individual visited a hair salon once and later received a text message from the salon offering a 20% discount using a particular code, legal action could be taken if they did not provide written consent for the company to contact them.
Should Individuals Respond to Spam Messages?
Individuals should only respond to spam messages that give them the option to opt out by saying no. Otherwise, they should not respond at all. For a TCPA lawyer to handle their case, individuals must show them the messages to determine the best course of action.
How can I help my attorney strengthen my TCPA Case?
At Demesmin and Dover Law Firm, our attorneys are experts in this area and know how to handle such cases. However, individuals can make the process easier by going through our checklist, which will help determine if their text messages meet the criteria. They should also screenshot the text messages and send them to their attorney via email or text. Additionally, individuals should check if they are on the Do Not Call Registry, and if not, they should add themselves to avoid further message annoyances.
What Will a TCPA Lawyer Do?
Our team of experts at Demesmin and Dover Law Firm will review any information provided to determine if there is a case. They will then advise individuals on