Spam text messages, pre-recorded telephone calls, or “robocalls” may be illegal. If you are a target of unlawful spamming, remember that you have rights. Our class action attorneys hold businesses accountable for sending you messages without your prior consent. Robocall laws require a close look at the facts surrounding each spam message, including the type of technology used to “robodial” the recipient’s phone.

For most of us, our cell phones are very personal—protecting our data, connecting us to our loved ones, and giving us immediate access to email, accounts, and other information we need to manage our personal and professional lives. When you get a flood of text messages, calls, or other unwanted contact on your cell phone, this is an invasion of your time, space, and privacy. Many consumers do not realize that spam messages and other unsolicited calls and contact are illegal. If you have been receiving spam texts or you have been charged for unwanted calls and texts, you have the right to take legal action.

Are spam text messages illegal?

Without consent, a company does not have the authority to send you messages or make calls to your personal cell phone: any unwanted messaging or calls are considered illegal. Did you know that some providers will even charge you for the delivery of a spam message or call? If you have received any unwanted or unauthorized spam messages, our class action attorneys will review your case and hold any businesses accountable for sending you messages without your prior consent.

It is estimated that 69% of current mobile 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 and could be held financially accountable.

How do I stop illegal text spamming?

To protect yourself and your identity, there are a few things you should do immediately if you are the target of illegal spamming. In many cases, these spammers could be looking to defraud you or steal your identity. Remember that these texts are often originating from a computer, not an actual sender, and it’s difficult to know the true source. Here’s what you need to do to stop the annoying messages, but more to prevent fraud, stop data and privacy invasions, and protect against malware installation on your device:

  • First, don’t respond to any spam messages—this may only increase spamming practices and your phone number could be sold or redistributed to other spammers.
  • Don’t click any links—this could install malware and result in loss of data or identity theft.
  • Don’t give out any personal information—this may seem obvious but never give away any personal information to a number that you are not familiar with. Spammers may ask for information about your income, employment, passwords, Social Security, or credit card. Never give this information away or reply in any way if you are the recipient of a spam text message.
  • Pay attention to your cell phone bill for unwanted texts or calls. You may have been billed without knowing.

Remember that any unsolicited spam or commercial text messages sent to a wireless device are illegal, according to the Federal Trade Commission. Our consumer rights and class action attorneys will review your case and protect your rights.

What damages can I recover for illegal spamming?

If you have been the target of illegal spamming, remember that you may be entitled to compensation. The statutory fine for unsolicited texts is $500, and up to $1,500 per text where the violation was made willfully. Telephone Consumer Protection Act (“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 claim and consumers who have pursued legal action to stop illegal spamming have had success in Minnesota and nationwide.

The 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.

How much are illegal spamming settlements?

Our consumer protection attorneys are experienced in litigating and settling these unwanted text messages cases. 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.

For more information please contact us. We are currently investigating cases involving unsolicited text messages and e-mails.

Contact Our Class Action Lawyers

Baillon Thome Jozwiak & Wanta LLP is committed to protecting consumers’ rights through class action litigation in Minnesota and throughout the United States. If you believe a company has sent you an unwanted spam text message, our consumer rights and class action lawyers want to hear from you. Contact us for a free initial consultation.

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