Updated: Mar 7
Cellphones are a huge part of our everyday lives. So much so that it has become the best way for companies to market to you. You may think it is best to delete the annoying marketing message or send out a STOP text, but we are telling you just save them.
The reason our TCPA attorneys are telling you to save those spam text messages is because you could win anywhere between 500 and 1500 dollars a text. According to the Florida Telephone Solicitation Act it is prohibited for a company to sending text messages to people without their written consent. If a company violates this law and sends text messages without obtaining the necessary consent, the recipient of the text message may be entitled to receive a monetary compensation.
In order to file a case against a company for violating this law, the recipient of the text message will need to provide certain information. This information may include details about the text message, such as the date and time it was received, as well as information about the company that sent the message. With this information, the recipient can pursue legal action to seek compensation for the violation of their rights. So here are some important things to keep in mind to see if you have a case.
Is it a spam text or a scam?
Nowadays, getting random texts is not an uncommon occurrence, but in order to know if it is a case or not, you'll need to be able to distinguish the difference between a spam or scam texts.
Scam text messages are the are the ones you receive from a random number that is asking for personal information and may be trying to steal your identity. These texts usually are not traceable and have no name attached to it so that you can not find the person behind the phone number. These messages are also sometimes accompanied by scary looking links, which you absolutely should not click on.
Unfortunately, since these texts are untraceable and do not follow the guidelines to have a case, they do not apply. Therefore, with these types of texts, your best bet is to delete them. If you are unsure if the text is a scam or spam, you can send in a screenshot to your TCPA attorney and they will tell you if you have a case or not.
Another great thing you can do to avoid getting these types of messages, is add your number to the do not call registry. It is important to note that two do not call registries exist, one is on the national level while the other is specific to your state. You should register for both if you want to ensure the best outcome for your case.
Once you register with both sites you will receive a confirmation in your email shortly after. If you are unsure if you are already registered or not, the site provides you with an option to check based on a few pieces of information.
These are the type of text messages our TCPA lawyers are lookin for to make a case. The texts that are considered spam usually come from companies and have the option to opt out and are sent. These messages may include an option to opt-out, but even after opting out, some people may still receive these messages.
What Guidelines Qualify my Spam Text for a Case?
If you have determined your message is spam and not a scam text, you are probably asking yourself, well do I have a case? Before you send a message over to your TCPA attorney, make sure your message falls within the following guidelines:
1. A legitimate company sent you the message
When you receive a spam text message, you have to ensure the company that sent it to you is real. See if the message provides a name. If it does not, chances are it’s untraceable and actually a scam message.
2. The company was trying to sell you something
In the message you received, was there any sign that they were attempting to sell you a product or service, if so, it qualifies.
3. You never agreed to send those messages
If you never filled out a subscription form of any kind, then these messages apply.
My messages follow the guidelines. What do I do now?
Once you have gone through the checklist and have determined your messages qualify, you should screenshot and send those messages to a TCPA attorney. The attorney will then be able to look over the messages and determine whether or not they qualify for a case or not. If you think you have a spam texting case, call us at 866-954-MORE (6673) or message us at email@example.com with your screenshots and we will get back to you as soon as we can.
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