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Once you opt out of the text messaging program, your consent has been
revoked and the business is no longer allowed to contact you.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).