Taking Action Against Unwanted Marketing Text Messages

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Taking Action Against Unwanted Marketing Text Messages

By Christina Drury

It can be disheartening, even aggravating, to receive spam text messages. This is especially true if you pay for each text message or if receiving these spam messages puts you over the limit for the month. Unfortunately, despite privacy laws, many retail giants – and some not so giant companies – are using your cell phone numbers to send out mass targeting advertising. Even if you’ve never given out your cell phone number, you may find yourself on the receiving end of these marketing (read: spam) messages. There is something you can do, however, to stop these messages from taking over your life – and your cell phone bill.

Know Your Rights

First and foremost, you should be aware of the rights you have as a cell phone owner. After all, you do pay the bill and despite the fact that there are unscrupulous marketing agencies out there that violate your privacy without a second thought, there is help in the form of the Telephone Consumer Protection Act, or TCPA.

Under the TCPA, you are entitled to your privacy and this includes all unsolicited text messages and calls that you receive on your cell phone. The TCPA sees all spam text messages, marketing or not, as an invasion of your privacy and also as a personal interference. For every unsolicited message that you receive, the act calls for a $500 fine against the marketing company who sent the message. It is also against the law for companies to contact you via recorded or automated messages without having permission to do so.

Target Accused of TCPA Violations

One retail giant that has been accused of violating the TCPA is Target. Partial blame falls on the advertising and marketing department who may think it is an excellent way to spread the word about Target and its sales, but fails to realize that it is against the law to do so without express or implied permission.

At this point, it is currently unknown how Target is acquiring the cell phone numbers they are using to send these spam messages. Also unknown is how many people have been unwilling victims of receiving these messages. Since it is against the law, anyone who has received a spam text message, regardless of whether they have a data or text messaging plan, is eligible to join a growing class action lawsuit investigation against companies like Target that may be breaking the law. These companies include retailers, restaurants, debt collectors, financial institutions, and more.

Help is Available for TCPA Violations

If you have been the recipient of an automated message or a spam text message, you may be eligible to file a lawsuit alleging TCPA violation. For more information on TCPA violations and how to send your information to qualified attorneys, visit the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. Here you can find a list of companies that have been violating the TCPA as well as how to initiate a class action lawsuit against companies not on the list but are disregarding your privacy.

Updated April 19th, 2013

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