- Lemberg Law
- Telephone Consumers Protection Act – TCPA Compliance
- Spam Text Messages Checklist
Most spammers knowingly violate the law in multiple ways each time they text you. This handy checklist provides an overview of what constitutes a violation of spam texts regulations and what texts are legal.
A company HAS violated rules against illegal text messages if:
- It sends a text message to your cell phone using an autodialer without your permission.
- It texts your cellphone number which is on the National Do-Not-Call Registry.
- It sends an advertising email to your cellphone without your prior written consent.
- It sends an advertising email to your cellphone and fails to include a statement saying it is an advertisement
- It fails to provide a valid return email address
- It fails to include a valid mailing address
- It texts you more than ten days after you opted out of receiving further texts from the company.
- It attempts to collect a debt unless you have given express consent to the debt collector
- It fails to provide an interactive, automated opt-out mechanism during the call to allow you to tell the telemarketer to stop calling
- It comes before 8 a.m. and after 9 p.m. in your time zone
A company has NOT violated rules against unwanted text messages if:
- It sends a text message to your cell phone using an autodialer after receiving your permission to do so or if the text is an emergency message.
- It sends you a text message regarding a product or service you have already purchased.This is called a “transactional or relationship” message.
Remember, if an advertiser violated the spam texts rules, you can take them to court; if you win, you can be awarded up to $500 per text – and triple that amount if your attorney can prove that the company willfully and knowingly violated the law.
If you believe a company has violated the spam text regulations, complete the form to the right for a free case evaluation or call us at 475-277-2200.