Under the TCPA, penalties for spam text message violations can range between $500 and $1,500 per violation. Shamis & Gentile, P.A. has successfully litigated many of these actions and directly achieved seven figure settlements for the violations resulting from these spam text messages. If you believe you have been a victim of spam text messages make sure you do the following:
Unwanted text messages and unwanted calls made to your cellular phone or device is an increasing epidemic. Companies place automated phone calls that harass and tie up your personal phone line (as well as your time!) on a routine basis, with zero regard for federal regulation.
The Telephone Consumer Protection Act (TCPA) (47 USC §227) and other related laws prohibit businesses and individuals from advertising through unsolicited text messages or unwanted phone calls to your cellular phone. The Telephone Consumer Protection Act of 1991 (TCPA) was passed by the United States Congress in 1991 and signed into law by President George H. W. Bush as Public Law 102-243. It amended the Communications Act of 1934. The TCPA is codified as 47 U.S.C. 227. The TCPA restricts telephone solicitations (i.e., telemarketing) and the use of automated telephone equipment. The TCPA limits the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines. It also specifies several technical requirements for fax machines, autodialers, and voice messaging systems—principally with provisions requiring identification and contact information of the entity using the device to be contained in the message.
The TCPA allows private actions by persons subjected to the prohibited conduct and authorizes recovery of up to $500 per violation or $1,500 if the violation was willful or knowing.
Very often, you might have opted into a text message marketing service without even realizing you have done so. Any of the following scenarios may apply:
You gave your cellphone details to make an online purchase,
You texted a number you saw on an online billboard, and/or
You replied to a previous spam message.
The highly qualified team of lawyers at Shamis & Gentile, P.A. is ready to receive any reports of spam texting. Remember to follow the 4 easy steps below:
In most of the world, SMS spam is illegal under the jurisdiction as trespass to chattels (where someone has deliberately infringed with a person’s movable property). In the USA, violators may be forced to pay substantial costs.