How to Sue Spam Texters
Unwanted text messages can be both annoying and expensive. If you have had it and want to stop unwanted text messages, help is available. The federal Telephone Consumer Protection Act (TCPA) provides consumers with a private right of action. This means that you can sue spam texters. A consumer attorney can help you exercise your rights under the TCPA, typically at no out-of-pocket cost to you. That’s because TCPA attorneys usually take cases on a contingency basis. In other words, they don’t get paid unless you win.
If you’re tired of trying to block cell phone texts, you do have options. Remember, under the law you can recover up to $1,500 per violation of the TCPA. Keep in mind that you can complain to the Federal Communications Commission or your state Attorney General about spam texts to your cell phone. If enough people complain, they will investigate and maybe even take a company to court. The chances are slim, however, that you’ll ever see a dime. That’s why the TCPA gives you the right to sue in federal court.
Here’s how to know if you have a case:
Do You Have a Spam Text Case?
Suing spam texters – and receiving up to $500-$1500 per unwanted text – is possible if you’ve experienced any one of these situations:
- You received an unwanted commercial text on your wireless device, and you haven’t given permission to the company to send you texts and you don’t have an existing business relationship with that company.
- You received a text that did not provide you with an automatic opt-out mechanism.
- You opted out but are still receiving texts.
- Your mobile device is registered on the national Do-Not-Call list.
- The text you received was sent by an autodialer.
Do not delete and keep accurate records of the numbers that have texted you, along with screenshots, dates, times, and information about the company or texter. This kind of evidence may improve the likelihood of your lawsuit’s success.
Texts from Debt Collectors?
A U.S. Supreme Court decision in Mims vs. Arrow Financial Services said that a debt collection agency could be sued in federal court over violations of the TCPA. Consumers who sue using the TCPA can be awarded actual damages or $500 per text – and triple that if the texter knowingly and willfully violated the TCPA. The Supreme Court decision paves the way for many more consumers to stand up for their rights in federal court, as opposed to only being able to seek redress through state courts. This means that it’s much easier for consumers to get justice when it comes to unwanted text messages.
Your Right to Sue Text Spammers
In addition to reporting do not call violations and TCPA violations to governmental authorities and the Better Business Bureau, you have the right to sue commercial texters who violate the law. If your experience is similar to any of the circumstances on our Text Messaging Spam Checklist, you may be able to take the texter to court and recover up to $500 per text, or triple that if it can be proven that the advertiser violated the law willfully and knowingly.
If your rights have been violated, complete the form to the right or call our office at 475-277-2200 for a free, no obligation case evaluation.