Many people have fallen victim to spam texts without even knowing there is a way to handle it. Did you know that Florida's do not call registry and the new Telephone Customer Protection Act allows individuals to per sue those who spam text you? Well here's everything you need to know about it and if you think you might have a case call us for a free consultation and we will help you determine whether it is a viable case or not.
What is Considered a Spam Text?
If you have received a spam text message then you know they come out for many different reasons. When it comes to a lawsuit for these cases there is an important commonality in which they all share. The spam texter is trying to get money from you whether it is through marketing tactics or otherwise. Spam texts fit into one of these two categories:
The spammer is trying to market or sell you something
The spammer is trying to collect money from you
In all cases, these texts are illegal especially if you are on the do not call registry. Spam texting is not a fair to individuals nor is it a good method of marketing. These places cannot bombard you with unwanted texts messages to try to sell you on their product or service without your permission.
What does the Telephone Consumer Protection Act say on Spam Texting?
The law states that you have the right to stop spam texting because commercial operators and businesses are not allowed to send unsolicited, unwanted, and non-consensual texts. A great way to protect yourself against these unwanted messages is through the do not call registry. Although even if you did not do so those messages are still illegal. If you did sign up however to receive text messages from a company, then they can send them to you until you tell them to.
The TCPA takes spam text message violations very seriously. Each of these offending text messages may entitle victims anywhere from $500 to $1,500 in financial compensation. If the court decides the company or individual was knowingly violating the law in sending the messages, the maximum financial penalties will be applied.
Tips to help you win a Case Like This
1. Do Not Delete
If you want to take legal action against the company that spam texted you, then you definitely have to have the text messages. Without the text message, it's very difficult to have a strong legal claim. The message serves as your evidence that you were subject to a violation of the TCPA. Additionally top having the messages save don your phone you should take a screenshot of each message.
2. Compile Information
In a spam text message lawsuit, you need as much information as possible. One of the hurdles in these types of cases is determining whether it is spam or scam. Scammers usually don't leave any identifying markers whereas spammers are usually companies or individuals which you can easily identify. If not the number usually can be searched online to determine where it came from. If it is from a scammer then number will be near to impossible to find. It is crucial that you send over all of the information you have for your attorney to review.
3. Get A Lawyer
If you have received spam text messages, you should definitely hire a TCPA violations attorney. These claims can be somewhat challenging especially in determining whether you have a case or not. We have experience in handling these types of claims and getting our clientele the compensation they deserve. Our team of attorneys have the skills and experience needed to stop spam texts and help you with your claim every step of the way.
What to prepare for your TCPA Attorney
If you've received spam text messages, then your rights have been violated. Due to this you may be entitled to receiving compensation anywhere from $500 to $1,500 for each spam text message that you receive. Our lawyers will help you:
Determine if you are eligible for compensation
Report the spam texting to the FTC
Take Action to make the spam texts stop
Help you gather all relevant evidence
Get you the compensation you receive
If you are receiving spam text messages and think you have a case give us a call at 866-954-MORE.