Stop Text Messages – Unsolicited Text Messages Are Illegal

The Telephone Consumer Protection Act (“TCPA”) restricts telephone solicitations, the use of automated telephone equipment, and unsolicited advertisements. Specifically, the TCPA limits the use of automatic dialing systems, prerecorded voice messages, unsolicited text messages, and junk faxes. Short Message Service (“SMS”) is a text messaging service component of phone, web, or mobile communication systems, using communications procedures that allow the exchange of short text messages between fixed line or mobile phone devices. Are you tired of getting unsolicited text messages? We will stop text messages once and for all.SMS campaigns are a means of sending out mass text messages to a huge pool of mobile phone numbers. SMS campaigns are permissible under the TCPA, provided the consumers opt in to the SMS broadcast program, by first texting a “short code” to the business. For instance, if the business is a pizza chain, you might text “pizza” to their SMS number. After this initial consent, the company can legally send SMS texts, unless you later opt out. There have been cases of SMS spamming resulting in serious money damages. Jiffy Lube, TextMarks, Steve Madden, the Academy of Design and Technology, and Papa John’s have all been penalized for tens of millions of dollars for SMS spamming.In 2010, 6.1 trillion SMS text messages were sent worldwide. This translates into 193,000 SMS per second. SMS has become a massive commercial industry, earning $114.6 billion globally in 2010. In the United States, consumers received roughly 4.5 billion spam texts in 2011, more than double the 2.2 billion received in 2009, according to Ferris Research, a market research firm that tracks spam. Text message spam costs Americans hundreds of millions of dollars per yearSo, what should you do when you get an unsolicited text message? Never respond to the text message with any personal information, such as banking account information or your social security number. Contact Agruss Law Firm, LLC, to discuss your rights under the TCPA. We will aggressively enforce the law to stop unsolicited text messages. Not only will we stop the text messages, but you may be entitled to money damages, too. Damages in TCPA cases range from $500.00 – $1,500.00 per text.

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Submitted Comments

Donald J. Trump for President, Inc. sent me an unsolicited text saying: "Dem cities are burning. Crime is rising. Your security is on the line this November. Biden's America threatens our safety. See for yourself here:"

Michael Agruss Headshot

Hi Eric. Have you ever opted into text messaging with the Donald J. Trump for President INC. service? If you haven't you may have a case against them under the TCPA. I will reach out to you to talk about this further. Thanks, Mike

Zillow keeps calling and texting me even though I asked them to stop

Michael Agruss Headshot

Hi Eric. If you have instructed Zillow to stop calling and they haven't, they could be violating your rights. I would like to talk with you more about this and then we can determine if you could be entitled to compensation under the law. You can reach me at 312-224-4695. Thanks, Mike

I have been receiving unsolicited telemarketing text messages with no Opt-Out mechanism such as "Text STOP to stop" "Hi Mick & Carol, Good day! This is just to let you know that trip joy advantage have selected you to attend a 90 minute presentation in Phoenix. As our way of saying thank you for coming you are guaranteed to receive a $100 Visa Prepaid Card plus 2 round trip airline tickets good for travel anywhere in the US for no cost and no obligation to buy or purchase anything from us. If you are interested please reply us back so we can have one of our agents call you to finalize everything. Thank you!" I have done research and concluded that the text messages are coming from a company called Trip Joy Advantage and KWC Marketing LLC. I want to file a class action lawsuit in response to this illegal text blasting campaign. Can you help me!

Michael Agruss Headshot

Hi Nick. Companies that violate the TCPA are all too common, although many consumers don't know they have rights preventing this spamming. I may be able to help you in dealing with Trip Joy Advantage and KWC Marketing LLC. I will give you a call or you can contact me at 312-224-4695. Thanks, Mike