Do Automated Text Messages Violate the TCPA?

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Cell phones are some of the most beneficial forms of technology, as they allow you to keep in touch with your loved ones with the touch of a button. However, unsolicited calls and texts can spam your phone, leaving you increasingly frustrated with your device. Luckily, the TCPA, or Telephone Consumer Protection Act, may help you deal with automated and annoying text messages. Keep reading to learn more about this act and discover how a Los Angeles, California Robocall protection lawyer can help you handle unwanted calls.

What Is the TCPA?

The Telephone Consumer Protection Act of 1991 offers protections for consumers from unwanted and unsolicited phone calls. Generally, this is intended to eliminate repetitive and excessive calls from telemarketers and other businesses by imposing rules and requirements that businesses and call centers must follow. The following list includes the most essential statutes:

  • Automated messages are not prohibited unless the caller has previously consented
  • Calls to anyone listed in the National Do Not Call Registry are prohibited
  • Companies are not allowed to use auto-dialing to contact consumers who pay for the calls
  • Automated dialing¬† is prohibited from contacting hospital rooms, emergency services, healthcare facilities, and elderly homes
  • Solicitors may not call before 8 am or after 9 pm

When Do Automated Text Messages Violate This Statute?

It is important to note that many of these rules use language specific to calling. However, the TCPA prevents unwanted contact in all forms of outbound telephone contact. Not only does this include text messages, but it also extends to faxes and voice messages. There are many instances in which a solicitor’s text message can violate the TCPA.

One major violation occurs when a solicitor states that the text’s recipient must offer a credit card number or identifying information before the content of the message is revealed. Similarly, any text that requires the use of a “scrambler” to decode violates the TCPA.

If you are registered on the Do Not Call Registry and a telemarketer contacts you, it is a violation of the TCPA, and the solicitor is subject to a lawsuit.

What Can I Do to Deter Texts?

The first step to take is to unsubscribe from the text messages. Often, this is as simple as replying “STOP” to opt-out and have your number removed from the recipient list.

As previously mentioned, it violates the TCPA for telemarketers to contact anyone listed on the Do Not Call Registry. If you are registered on this list and continue to receive text messages, you may be eligible to sue the company for $500 per violation.

However, if the unwanted text messages continue, ensuring you contact an attorney as soon as possible is vital to protecting your rights as a consumer. At LA Legal Solutions, we believe you should have the law on your side. Contact our law office today to learn more about how we can help you handle unsolicited text messages that violate the rights outlined for you by the TCPA.

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