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Text Message Lawsuits

Spam Text Message Lawyers

In recent years, marketers stymied by federal laws limiting solicitation by telephone, facsimile machine, and email have increasingly looked to alternative technologies through which to send bulk solicitations to consumers easily and cheaply.  One of the newest methods of bulk marketing is to advertise through text messages sent to mobile phones.  Unlike faxes and unanswered phone calls, a text message allows virtually instantaneous communication with the recipient, almost anywhere in the world, day or night.

Many cellular phones immediately alert the recipient of new text messages. Consumers frequently use text messaging to stay in close contact with business colleagues and associates, family members, and friends.  Text messaging is also used by schools, police departments, fire departments, and emergency medical services across the country.  The instantaneous nature of text message communication makes it very appealing to telemarketers—and very annoying to consumers subjected to spam text messages.

And unlike other forms of advertisement, such text messages actually cost its recipients money, because cellular phone users must frequently pay their wireless service providers either for each text message call they receive or incur a usage allocation deduction to their text plan, regardless of whether or not the message is authorized.

SMS Text Lawsuits

Studies have shown that nearly 75% of cell phone users that send and receive text messages have received unsolicited or “spam” text messages promoting products and services.  Experts estimate that the number of unique commercial text messaging ad campaigns increased 400% in the first half of 2012, and that receipt of such messages increased 300% between 2011 and 2012.

Consumers are protected from unsolicited commercial text messages by the Telephone Consumer Protection Act (“TCPA”) enacted in 1991.  The TCPA prohibits unsolicited text messages to personal cell phones unless the message is sent for emergency purposes or the recipient has given his or her express consent to receive such messages.  The TCPA provides for statutory damages of between $500 and $1,500.00 for each individual unsolicited commercial text message.

Despite clear statutes prohibiting such text messages, many large corporations have allegedly engaged in sending “spam” texts to customers.  In fact, numerous international and American corporations have paid tens of millions of dollars to settle allegations that they have violated the TCPA by sending text messages to people without obtaining prior express consent to do so.

Unsolicted Text Message Class Action Law Firm

If you have received an unsolicited or “spam” text message, contact our Unsolicited Text Lawyers for assistance.  Mr. Mendelsohn and our Spam Text attorneys  are ready to provide the one-on-one attention you need and deserve.  For your free consultation with a Text Message Attorney, fill out our contact form or call us at 973-228-0391.

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