Class Action InvestigationsSpam TextSpam Text MessagesTCPA LawThe Text Message LawyersIndoChino Apparels Lawsuit for Mobile Phone Spam Text Issue

September 25, 2019by Shamis & Gentile P.A.
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Nobody likes spam text. They are annoying, troublesome and put off your mood and when you are working, your flow. Spam comes in various forms such as email spam (the most commonly known), automated call and of course mobile phone spam text messages. These bothersome data rodents crawl their way into way no matter how much we try to stay away from them.

Thankfully, there are measures that we can take to prevent spams from taking over email accounts and mobile phones. However, despite these measures, spams can sometimes get through the filters, thanks to stubborn companies that insist that you ‘need their services’!

TCPA vs. Spam Text Messages

The TCPA or the Telephone Consumer Protection Act, which was passed in the early 90s has played a significant role in shielding many people from unwanted voice and text messages on various media. The TCPA was passed in an era when things were beginning to change as the tendency of companies to phone people for marketing their services was growing rapidly. And so were the frustrated people.

According to the TCPA, companies cannot send text messages or voice calls for marketing to people who have not registered priory. In order to call or text a person, they should have gained the consent of the person over phone or email first. And in most of the cases, companies will comply with the rule and refrain from making any unwanted calls or sending unwanted messages.tet

However, if the targeted person has not given any consent to the company and if they send a text message or make a voice calls, they can be dragged to the court. In such a scenario, the  company can be sued by the affected person for an amount anywhere between $500 to $1500 if they are able to prove to the court of law that their privacy was breached despite repeated attempts to ward away the spams by subscribing to services that keep them away from unwanted calls and messages. This can prove to be a serious case for the company.

IndoChino Apparels Text Message Lawsuit

According to Mr. David B, a citizen of the United States, a certain apparel company named IndoChino Apparel US Inc. Violated the Telephone Consumer Protection Act by persistently sending him marketing spam text messages without his consent.

As per the details of the lawsuit, the company is a clothing enterprise that manufactures formal wear and suits, especially for men. Mr. David B alleges that they carried out their telemarketing campaigns through spam text messages alerting customers about sales and offers and another such kind of information. However, the plaintiff in question, as well as others who brought suits and other apparels from them, never consented for marketing text messages from the company.

The plaintiff also alleged that as a result of being targeted by the apparel company for spam text marketing messages, he’s suffered from harassment, aggravation, disruption of his daily life and most importantly, the invasion of his privacy.

The main issue, in this case, is whether the company had received any prior written consent before sending spam text messages or automated telephone calls. Usually, people do not consent to companies for these services. Yet, the law considers to examine if such is the case to prevent unfair litigation.

Coming back to the spam text lawsuit, he alleged that the spam message came from a number known as the ‘long code’. A long code is a number that simultaneously sends one message to thousands of people. This is a very common way companies violate the TCPA.

How do I report spam text messages?

Although it is less likely that you will be spam voice-called or text messaged by companies, there’s still a good chance that this may happen. The first step, in this case, is to register your number in the ‘do-not-call’ registry. Also, if possible, call the customer care number of the company and tell them that you don’t wish to receive any updates about their services either on call, text or any other means.

Any ordinary company in such a circumstance will comply with the client’s demand. However, since we are talking about a scenario where they do not comply with your request, you will have to take serious action against the company.

Directly approach your lawyer and file a lawsuit against the company. However, make sure you save the evidence such as call logs and their marketing spam text messages on your mobile phone.

Constantly harassed with promotional spam text messages? Shamis and Gentile will take care of it. Visit The Text Message Lawyers at Shamis & Gentile, P.A. today!

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