Have you received unwanted text messages on your cell phone? Those text messages may violate the Telephone Consumer Protection Act (TCPA). In plain English, we may be able to get you compensation of between $500 and $1,500 per text message for you.
Under the TCPA, a person cannot make a call to a cell phone using an automatic telephone dialing system or an artificial or prerecorded voice without the prior express consent of the person receiving the call. In 2015, the Federal Communications Commission (FCC) issued an order stating, among other things, that text messages qualify as “calls” under the TCPA and are protected the same as telephone calls.
On December 5, 2016, a consumer in New York filed a class-action lawsuit under the TCPA against a business for sending unsolicited text messages. In this lawsuit, the consumer claims that the business used an automatic telephone dialing system to send unsolicited marketing texts to her and other people’s cell phones without their consent. The business has yet to respond to the lawsuit.
If you have received unsolicited marketing text messages on your cell phone, those text messages may violate the TCPA if they were sent using an automatic telephone dialing system and were sent without your prior express consent. Even if the text messages were sent originally with your consent, you may contact the sender and state that you no longer consent to receive text messages from that company. Any text messages you receive from the sender using automatic telephone dialing system equipment after you withdraw your consent to receive those texts may violate the TCPA. If those text messages violate the TCPA, the TCPA provides for damages of $500 per call, or up to $1,500 per call if the defendant willfully or knowingly violated the TCPA.
If you are receiving unsolicited text messages from businesses on your cell phone, contact us at Credit Repair Lawyers of America or call Attorney Gary Nitzkin at (888) 293-2882 or email him at [email protected]. The call is free and the advice is priceless.
