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 Mike Agruss Law, 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.