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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.

The Telephone Consumer Protection Act (TCPA) was made into law in 1991. This federal law protects consumers from telephone solicitations, the use of automated phone equipment (autodialers), and unsolicited advertisements. The TCPA limits the use of automatic dialing systems, prerecorded voice messages, unsolicited text messages, and junk faxes.

In addition, the CAN-SPAM Act supplements the protections offered by the TCPA, banning unwanted commercial email messages sent to a mobile phone.

Spam Text/SMS Messages

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.

SMS campaigns are a way for companies to send 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.

Spam Texts are a Growing Problem

Americans received nearly 4.5 billion spam text messages in 2011, which is more than double the 2.2 billion received just two years before, according to Ferris Research, a market research company. Unsolicited texts have become a very pervasive problem and it can be difficult to track down who sent the message.

While some spam text messages are harmless but annoying marketing messages, a great deal of these messages are insidious, prompting cell phone users to visit a website and enter personal information or sign up for a fake service that will charge their credit card.

Spam text messages can also be very difficult to stop without legal action. In some cases, consumers who reply with a “STOP” message to unsubscribe only verify to the spammer that the phone number works and may be resold.

You May Be Entitled to Damages

In the era of smartphones, marketers, affiliates, and companies use text messages to market products and services and to solicit new customers. Unless you have expressly given your permission to receive these texts, the unwanted and unrequested text message may be in violation of the TCPA. Each violation may be worth $500 to you.

If you have not signed up for the message service, you also have the right to end the service at any time. This can usually be done by opting out through a responding text of “STOP” or contacting the company directly. If you have requested the service end and you continue to receive text messages, each additional message may be a violation of the TCPA and worth $500 to you.

If you have received SMS or text messages that you did not request, or you have continued to receive messages after terminating your subscription to the service, save the text message, make a note about its receipt, then contact Mike Agruss Law.

Contact us 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 to $1,500.00 per text.

We are listening

We will respond to you at lightning speed. All of your information will be kept confidential.

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Submitted Comments

2 months ago
US Star Trucking has contacted me via text message starting 2/21/2024. US start Trucking has then sent me text messages four times and counting after responding with \"stop\" per there messaging instruction. And three times after a second response of \"stop\". First \"stop\" was sent by me on 3/06/2024 and second \"stop\" sent 3/12/2024. They are using the number 865 328 7301.
4 years ago
I keep receiving spam text message from loan and credit scammers even if I text back STOP. I still keep receiving text messages from different numbers.
7 years ago
Hello. I have heard from your law firm several times over my dispute with Allen Maxwell & Silver. I am curious to know what I would need legally to pursue any sort of damages Sure. AMS is attempting to collect over $2,000 from me for a disputable debt with an auto auction company. Just curious, What would be my legal grounds in a basic scenario such as this? just want to know if this is worth my time. I have a very busy schedule!
7 years ago
Having harassment issues with Central Credit Services. Had a automatic debit agreement with my loan institution 3 months ago without my knowledge they canceled my automatic debit...and are now harassing my family with multiple calls and threats to collect the debt!
7 years ago
Hi I have a question regarding a debt collector who has been contacting me regarding a hospital bill for 15K. I asked them to stop contacting me and they still are calling me. Sure I had a surgery last year that resulted in a hospital bill of 15 thousand dollars. The hospital is in New Jersey and I am from NY. I had insurance so I was appealing the claim with Aetna (my insurance) The hospital then sent it to a collection agency and they are contacting me trying to collect the debt of 15K. I spoke to Mike about 3 years ago regarding another case by the way. They call and leave voicemail and at times never disclose the "this is an attempt to collect a debt" disclosure. Not sure if that helps. I also have the letter I sent them saying to stop contacting me!
7 years ago
I am an existing client, we recently settled my case!
7 years ago
Does the newsletter cost anything. If there is cost for the newsletter I can not accept it. I currently have a case with your firm. The attorneys name is Samantha Jesulaitis and she has my contact information. Did you read my last response!
7 years ago
I have a question about what types of cases Mr. Arguss takes. I get collections letters from Dynamic Recovery Solutions about a debt that I don't owe and which is also at least twenty years old. They seem to imply they will report this to my credit bureau file. I can't think of anything. I can send a copy of the latest collection letter they sent me!
7 years ago
i have a question about Global Credit Collections. Short version. I owe $$$ to Citi MC (over $12K) and it went to collectors. Collectors (Global Credit) called and we agreed on: Pay 50% of a debt to considered paid in full. I asked for that in writing. Collector said it is all recorded and no need for a letter. (my stupid #1!) and also that first installment needs to be paid right away (so I gave my debit card number - my stupid #2!). The first installment was paid right there and then over the phone. by the end of November the second installment would go to Global Credit and they would send me a letter that my debt was paid in full (or so they told me "on record")! Please be advised it is Global Credit & Collection Corp's intent to deposit the post dated check you have arranged to apply to your Citi MC account eith Citibank NA, within ten days of this letter. All payments mailed to this office should be payble to Citibank NA. i will just finish my story :) I called that number right away but got general voice mail only. I left a message that we agreed on 2 installments and the first of $3,120.5 was paid with the second pmnt coming automatically to them on Monday. And then I got scared, really scared. I RAN to the bank and closed the account that they have on file. Now they cannot take a dime. What to do next? I'm ready to honor the original agreement and have money to pay them but now I'm not sure how to proceed!
7 years ago
You help with harassing dept calls. It is with GreenTree Servicing. Citi Mortgage sold my loan they have taken over not sure if they own the loan or what. I am 30 days behind due to the death of my daughter she was 17 in car accident been trying hard to catch up and will be next month. But they call everyday today it was about 15 times I have not answered today as I had told them I would pay next Friday to one person. They don't keep notes and I am tired of telling them over and over. They scare me we have lived here for 28 years and like I said I am only 30 days and they threaten to take home. It is not the same person each time someone different!
7 years ago
actually I saw this posted on a facebook page regarding Greentree Lending. are you helping those affected by them. well our mortgage was originally owned by BOA and we had to file bankruptcy. half way through the bankruptcy our home loan's second mortgage was forgiven in the DOJ settlement with the banks. We were given to greentree. Fast forward to august of this year. we are to be discharged from this bankruptcy and they keep filing motion after motion to keep us from being discharged. First they said we owed foreclosure fees when we questioned that they changed and said it wasn't foreclosure fees. we are actually behind on out note. Here is the problem, the trustee has been paying out note for 5 years. they show us current and paid...Greentree refuses to admit to it AND they refuse to send a lawyer to defend their motions to the court they will not take our lawyers call, show up, and have even locked us out of our account. we have yet another hearing Tuesday and they want us to surrender the house. We haven't missed a payment in 5 years!
Kim Paris
7 years ago
Hi,do you know if there is a statute of limitations on suing a debt collector for violations? it would be quite involved . . hours. LOL. basically a couple years ago a collection agency committed about every violation including not even being property permitted to collect in my state. the company is located in texas, would i have to have a lawyer in texas to sue a debt collection located in tx? not just wondering 1. about the statute of limitations, and 2. if I am in NC and suing a collector in another state, do I have to hire an attory in that state!
7 years ago
I have a few questions. I was on disability and it was taken away from. I was with a mortgage company called Everhome and when I filed bankruptcy Everhome sold my loan to a company called Green Tree Servicing. I let the bankruptcy go because I couldn't afford it. In September I received a call from Green Tree and the lady told me that my loan was modified in August but they closed it. Nobody got in contact with me about that and I did not fill out any papers. I got served some papers for foreclosure in October with the name Everhome on it. I am no longer with Everhome. Is this legal. The people from Green tree told me that I did not qualify for a modification and they were very, very nasty!
7 years ago
wondering about the process the law firm uses to get debt collectors to stop harassing people, pioneer credit recovery is horrible, they call and call and call but are totally disorganized cant keep track of anything.... and call at WORK, also do you handle other companies? becuase someone from another company keeps calling me and im not even sure who it is but they leave all these messages and i think its honda but ive never even owned a honda!
7 years ago
I had a loan with spotloan they sold it to halsted financial I can't get any info about this company I have payed 4 payments of 228.97 I get 600.00 there 390% int.i didn't sign up with this company can you help. They are charging 390% 600.00 have to pay 1200.00 plus they called saying I was behind payment which I am not plus they could add more money to my bill can't get any info from them who every they are. No I will understand if you can't help but thank you for your time!
7 years ago
I keep getting calls from national credit adjusters and I want it to stop. I filled bankruptcy in 2014 all my debt was handling in the bankruptcy yet they still keep robots dialing my phone. They call my cell phone all the time 2168494502. Ok they keep calling about a debt that they brought from another company that was discharged when I filled chapter seven. They robots dial my cell phone they call me at work. I have explained I don't owe this then they get real mean I disconnect the call and they call right bac!
7 years ago
Con Maria magallon, como esta, acabo de recibir una llamada de bay area credit por un ticket de ambulancia, fue un accidente que mi hijo tuvo en el 2010, durante ese tiempo mi hijo estaba cubierto por un plan de salud, pero ellos no pagaron el ticket!
7 years ago
ABC recovery will not remove a collection (which I do not owe) and which I can document. I sold a property which had a 3year contract with protection one. I gave company notice and was paid in full through Nov 2010. They are trying to collect for then3rd yeah. Protection one Security services has over 100 complaints for basically the same thing. They have sold the account to ABC credit and recovery services. ABC will not acknowledge that I sold the property and was no longer obligated to pay for security alarm services!
7 years ago
I am contacting you on behalf of my daughter who is receiving 6-10 calls per day from Navient regarding a student loan onwhich she is a co-signer with her ex-spouse. As part of a divorce settlement, her ex verbally committed to satisfying the loan of $10k from Sallie Mae. Her ex occasionally seems to pay on the debt which is now <$7k. Shortly after their divorce, daughter was forced into bankruptcy and has is still trying to get her life and financial status restored. Apparently the ex has decided not to pay the debt. There is no communicatin between them. 828-667-0028. Your ad says that "You won't [ay us a penny". If this is not the case please advise me now so that our time is non productive. Please don't call. I suspected your web grab was just that!
7 years ago
I want to know more about debt collections agency because specified credit been calling me for a gym if never attend. I got this UFC gym membership and I had tore my rotator cuff and told the gym to put my account on hold and couple months specified credit calling talking about a balance. When they called they said that they are going to chop my $1000 balance in half and that once I pay it off it wouldn't end up on my credit score so I said okay and gave them my info for a payment!
7 years ago
Are you also licensed in NJ? Just curious who I would be able to contact locally. I am in northern NJ. I would rather speak to someone, locally. Thank you. It pertains to wrongful debt collection on a mortgage purchased while in default and admittedly under an invalid assignment!