Text Message Spamming – How To Stop It

Is text message spamming annoying you? The Telephone Consumer Protection Act (“TCPA”) was passed in 1991, and 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. SMS campaigns are a means of sending out mass text messages to a huge pool of mobile phone numbers; this is allowable 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 with advertising and other information, unless you later opt out.However, there have been cases of text message spamming resulting in serious fines. Jiffy Lube, TextMarks, and the Academy of Design and Technology have all been penalized for SMS spamming. Tatango is a popular SMS broadcasting system, and in 2007 it was successfully argued that Tatango wasn’t an “automatic telephone dialing system,” and thus, not covered by the TCPA. However, this case was overturned by The Ninth Circuit Court, which ruled the TCPA pertains to unsolicited cellular telephone text messages advertising the commercial availability of goods or services, not strictly the technology employed.In fact, the definition of “automatic telephone dialing system” was redefined as equipment which has the capacity “to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers.” If a company or individual is found in violation of this policy, each SMS spam message sent can result in $500 in damages to the recipient. If it’s proved in court that the SMS sender willfully or knowingly violated the TCPA, the damages awarded can be increased up to $1,500 for each SMS spam message.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.