Updated: Aug 3
Many of us who have cell phones have received at least one spam text in their lifetime. You may think it is best to delete the message or send out a STOP, but a word to the wise, just save them. Florida Telephone Solicitation Act strictly prohibits companies from sending texts without a client’s written consent. Each of those messages could entitle you anywhere from 500 to 1500 dollars a text. So what qualifies for a case? Well, we have all the information you may need.
Spam vs Scam
Now, as previously stated above, these texts are very common, but knowing which one’s work for a case can prove difficult. See, there are two types of pesky texts we receive, spam and scam. Only one of those two types of messages applies to be the case.
Scam texts are the messages you get where it’s from a random number or someone who may try to steal your identity. These texts usually are not traceable and have no name or personal information who the individual behind the phone may be. They also are 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.
Another great thing you can do to avoid getting these types of messages is add your number to the do not call registry. You register through this link and then will receive a confirmation 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 texts you want to look out for because with these you may have a case. The texts that are considered spam usually come from companies and have the option to opt out and are sent . Although, as a lot of you may have noticed, sometimes you still get those messages after replying stop.
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 or message us at firstname.lastname@example.org with your screenshots and we will get back to you as soon as we can.
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