Many cell phone users pay for each text message they send and receive. Most people just delete unwanted text messages. This is probably appropriate when the messages come from friends and family. But when companies use machines to automatically spam you with unwanted text messages, they may be breaking the law.
Under the federal Telephone Consumer Protection Act you may be entitled to up to $100 per message if you receive an automated text messages. Indeed, a federal lawsuit against B2BMedia LLC and Leadclick Media, Inc. for sending unsolicited text messages just settled for $12.2 million.
It is important to note that companies can send you text messages if you subscribe to their services, so you should be careful to avoid signing up to receive unwanted messages. It is also important to note that the messages are likely only unlawful if they are being “spammed,” or sent out automatically (i.e. if a store manager sends you a personal note about a product you ordered, that manager is probably not violating the Telephone Consumer Protection Act; but if the company sends you an unsolicited advertising text that it is sending to a mass-list, it may be breaking the law).
If you have received unwanted automatic text messages, please contact us to discuss your legal options.