Karina Basso  |  July 9, 2014

Category: Consumer News

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tcpa-texting-cell-phoneA variety of companies, including insurance providers and debt collectors, are facing Telephone Consumer Protection Act (TCPA) class action lawsuits for allegedly using automated calling systems to auto-dial or text customers without their prior consent. Recently, sports franchises have found themselves on the receiving end of TCPA lawsuits for allegedly sending out promotional text messages to sports fans.

The Los Angeles Clippers reportedly agreed to a $5 million class action settlement with fans who received unwanted promotional text messages. Benefits from the TCPA settlement will be distributed to Class Members in the form of home game Clippers tickets and Clippers merchandise credit.

A couple of months earlier, the Buffalo Bills football team also reached a TCPA class action lawsuit settlement. Plaintiff Jerry Wojcik claimed that he signed up for Buffalo Bills text message updates, but that the terms and conditions specified that he would receive a maximum of five text messages per week. Wojcik alleges that some weeks he received six to seven messages instead of the agreed upon five text maximum. The Buffalo Bills TCPA class action settlement was for $2.5 million, which will be paid to Class Members in the form of redeemable debit cards.

What is The Telephone Consumer Protection Act?

The TCPA was passed by the U.S. Congress in 1991. This act was put in place to restrict telephone soliciting and telemarketing and pays special attention to any kind of business solicitation made by automated dialing telephone equipment. The TCPA spells out how and when a company can use automated dialing systems and computerized voice messages or mass text messages to contact clients and consumers. Many of the rules revolve around delineating what constitutes prior consent given by a consumer. The TCPA has also been amended over the last two decades to continuously incorporate the ever-changing technological advances in text messaging and social media.

According to the Federal Communications Commission:

The TCPA and the FCC’s rules ban many text messages sent to a mobile phone using an autodialer. These texts are banned unless (1) you previously gave consent to receive the message or (2) the message is sent for emergency purposes. This ban applies even if you have not placed your mobile phone number on the national Do-Not-Call list of numbers telemarketers must not call.

Many companies and business may have violated this TCPA rule, resulting in the ever growing amount of TCPA class action lawsuits. Banks such as Wells Fargo, Chase, Bank of America, and PNC Mortgage are currently being investigated for reportedly sending unsolicited text messages to consumers.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act. Learn more and see if you qualify for a legal claim at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.

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