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Getting Text Messages After You Opted Out? You May Have A TCPA Claim

Nearly everyone has received an unwanted text message from an advertiser or a business. Sometimes, your telephone number gets onto a list that is sold to advertisers, and other times you may have given your number to a business in order to receive coupons or special announcements. Whatever the reason, all text message advertisements should give you the option to opt out. If you opt out and continue receiving these messages, you may have the right to seek compensation from that company.

The Telephone Consumer Protection Act (TCPA) was enacted in 1991 to protect consumers from unwanted advertising and spam. Originally, this law limited solicitation calls and prohibited businesses from auto-dialing or robo-calling consumers with unwanted advertisements. As technology became more advanced, courts began interpreting the law to include unwanted text messages from businesses and advertisers.

The TCPA allows the Federal Communications Commission (FCC) to enforce this law and create regulations for advertisers to follow. In addition, it created a private right of action for consumers who were harassed by unwanted solicitations. In the context of text messages, the FTCPA allows consumers to file a lawsuit and seek damages of between $500 and $1500 for every illegal text.

In order to win a TCPA claim, a person must be able to prove three things. First, that he or she received a text (or call) from an automatic telephone dialing system or that he or she received an artificial or pre-recorded message. Second, the text must be made without his or her prior express consent, and third, that he or she was charged for the text.

It is important to note that not every unwanted text message is illegal. In Florida, courts have ruled that by voluntarily giving a business or advertiser your phone number, you are giving implied consent to receive text messages. As a result, things like welcome texts or confirmation texts are generally allowed.

However, this does not mean that you have to receive these messages forever. Once you opt out of the text messaging program, your consent has been revoked and the business is no longer allowed to contact you.

If you have opted out of receiving texted messages, and are still receiving unwanted texts or phone calls, you may be able to file a claim a for damages. At Loan Lawyers, our attorneys can review your case for free and will advise you on your legal options. Don’t resign yourself to receiving annoying or harassing messages—make an appointment with Loan Lawyers today by calling (844) FIGHT-13 (344-4813).

  • ABC News
  • American Civil Liberties Union
  • CBS 4
  • CNN
  • Daily Business Review
  • Florida Trend's - Florida Legal Elite 2014
  • Florida Trend's - Florida Legal Elite 2014
  • National Association of Consumer Advocates
  • National Association of Consumer Bankruptcy Attorneys
  • NBC News
  • National Consumer Law Center
  • The New York Times
  • Avvo
  • Avvo
  • Avvo
  • Avvo
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