Simply put, spam text messages are unsolicited and intrusive text messages that are broadcast to cellphones. They are often for the purpose of commercial advertising and are unwanted and annoying. Often, they can be dangerous because the person who is sending out this spam may be trying to defraud you.
There are a few basic guidelines on how to act when you receive a spam text message:
Following these steps will ensure you do not suffer adverse consequences from receiving a spam text.
There are two major types of spam messages:
If you receive a ‘legitimate’ junk message, it is more than likely simply because the company in question just wants to sell you something. If you reply to the message, you have quite possibly just subscribed to more junk mail. However, if the message in question is from a spammer your reply has confirmed to them that the number is connected to a real person, who can be expected to have a bank account and credit cards. They will then start to try a range of tactics to hack your phone or in some other devious way try to get a hold of your personal data.
Shamis & Gentile, P.A. has had extensive experience dealing with multiple cases of spam messaging and harassment. If you are a victim of this, you may be entitled to up to $1500 in damages! Follow these 4 steps to file a report with us:
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:
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.
Taking a screenshot of a spam text message is a reliable way of saving both the spam message and the details of the company trying to contact you. This evidence can be used in support of your case. To screenshot the text message, simply use your phone’s screenshot function and save the image to your phone’s gallery.
In Florida, the governing law for cellphones is the Telephone Customer Protection Act (TCPA). This Act ensures that spam text messages are illegal, unless you have opted in, and one can file for damages if you are the recipient of unsolicited spam text messages.
When filing a claim or starting a lawsuit because of spam text messages, it is important to document and keep a record of all the available information. The contact details of the company or person that sent you the spam text as well as the message itself are all important pieces of information.
If your number is on the do-not-call registry, and you do receive unsolicited calls, it means you are receiving spam text messages because of the activities of spammers and auto-dialers. These entities disregard the registry, and will attempt to contact you and to swindle you anyway.
If you have been harassed, threatened, stalked
or have even continued to receive unsolicited or unwanted marketing material
despite not giving consent or telling the company to stop,
you may be entitled to financial compensation.