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TCPA Class Action Lawsuit Filed In Federal Court

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

TCPA Class Action Lawsuit Filed In Federal Court

On January 25, 2013, a Telephone Consumer Protection Act (TCPA) class action lawsuit was filed in federal court; the suit alleges unsolicited SMS texts, sent by a big box retail store, violated consumers’ rights under the TCPA. The actual allegations hinge on the conduct of “a mobile technology company whose identity is currently unknown.”The TCPA does not allow automatic telephone dialing systems to make any calls to cell phones, except for emergency calls. SMS texts, which originate with a computer program, were developed long after the TCPA was enacted, but many courts have included them in the TCPA’s explicit language. So far, lawsuits have mostly targeted the companies who sent the SMS texts, on behalf of their clients; this recent case is challenging both groups. The Federal Trade Commission responded to questions from the public (solicited by the Federal Communications Commission) on this issue, writing, “the plain meaning of the law and its regulations supports holding sellers liable for calls made for the seller’s benefit.”SMS campaigns are traditionally mass-market affairs, with many thousands of people receiving the text ads in the same day (automatic dialing machines use algorithms to cull cell phone numbers), and, if you don’t have unlimited texting, you have to pay to be spammed.The 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. So, what should you do when you get a robocall or an unsolicited text message? Hang up the phone. Do not press 1 or any other numbers to get off the list. Then, contact Mike Agruss Law, for a free consultation. The Federal Trade Commission has stopped billions, yes billions, of robocalls in the last two years. Mike Agruss Law, will do the same for you. We will aggressively enforce the law to stop robocalls and unsolicited text message. Not only will we stop the calls and text messages, but you may be entitled to money damages, too. Damages in TCPA cases range from $500.00 – $1,500.00 per call or text. 

Submitted Comments

Milton
7 years ago
I received a text from a company who is soliciting clients for a YAZ lawsuit!

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