Spam text messages and pre-recorded telephone calls are not only an interruption of consumers’ privacy and time, many cell phone services or internet providers charge for the delivery of the ads. This is why sending spam text messages is illegal, except for in cases when prior written consent has been authorized by the consumer. It is estimated that 69% of current cell phone users receive unwanted text message spam, and of those users, 25% experience unwanted spam texts weekly. Any business or company who has sent you a message that has not received your prior consent may be in violation.
The Telephone Consumer Protection Act (“TCPA”) prohibits marketing campaigns from sending text messages to consumers' cell phones without prior express consent. This consent must: 1) be in writing; 2) identify the authorized phone number; 3) bear the signature of the person authorizing the messages; and, 4) contain a clear and conspicuous disclosure regarding the authorization.
The statutory fine for unsolicited texts is $500, and up to $1,500 per text where the violation was made willfully. TCPA class actions have been filed against companies for illegally violating the prohibitions against unsolicited text message spam. Even a single text can support a TCPA claim and consumers who have pursued legal action to stop illegal spamming have had success in Minnesota and nationwide.
Our consumer protection attorneys are experienced in litigating and settling these unwanted text messages cases. We are currently investigating cases involving unsolicited text messages and e-mails. For more information about your rights under Minnesota and federal consumer protection laws. Our attorneys recently settled a nation-wide class action lawsuit on behalf of nearly 600,000 consumers who received spam text messages from Life Time Fitness, Inc. This class action established a settlement fund between $10,000,000 and $15,000,000 and provided each class member with a cash settlement of over $100 or payment of a three-month membership at Lifetime Fitness, Inc.