Donald Trump’s presidential campaign has become the subject of a
class action lawsuit based on based on violations of the Telephone Consumer
Protection Act (TCPA). The TCPA was passed in 1991 as a way to protect
consumers from unsolicited text messages and phone calls. The law also
prohibits the use of robocalls or autodialing machines to contact consumers.
The lawsuits were filed against the official campaign committee, Donald
J. Trump for President. The lawsuits allege that the campaign sent mass
text messages to potential voters stating, “Reply YES to subscribe
to Donald J. Trump for President. Your Subscription will help Make America
Great Again! Msg & data rates may apply.”
The two plaintiffs filed the lawsuit in federal court in Illinois. They
allege that they had never given consent to receive text messages from
the campaign. According to the lawsuit, the plaintiffs believe that thousands
of other people may have received the message from the Trump Campaign
without ever providing their cell phone numbers or another type of consent.
The lawsuit is seeking $500 per text message send by the campaign, as well
as treble damages of up to $1,500 per violation. Additionally, the plaintiffs
are seeking an injunction against future text messages and attorney’s fees.
The lawsuit was filed in the same Chicago court that previously approved
the largest TCPA settlement in history. In 2014, Capital One Financial
Group agreed to pay $75.5 million to settle claims that it had violated
the law when making collection calls.
Text messaging is now the most widely used smartphone feature, and is used
more frequently than voice or video calling. As companies have attempted
to exploit this medium, some have used illegal means to collect and message
numbers outside of the law.
If you have been harassed by unwanted and unsolicited text messages, you
too may have a TCPA claim. To learn more about your rights and your potential
damages, schedule a free consultation at Loan Lawyers today. Our experienced
South Florida attorneys can review your claims for free and help you get
the compensation you deserve after unwelcome or harassing communications.