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The Turley & Mara Law Firm, APLC

Winning a text message lawsuit: It's all about the evidence

Here Is How To Win Your Text Message Lawsuit

If you have received unwanted text messages or spam text messages you might be thinking about how to sue for spam text messages.  That is, collecting money damages for text messages. And importantly, how to win your text message lawsuit.

Or you might be thinking about how you can put a stop to getting business text messages on you cell phone.

You aren’t alone.  Each year millions of unwanted text messages are sent. The only difference is now you can actually do something about it.

the Telephone Consumer Protection Act (TCPA) was enacted to protect individuals and businesses from receiving unsolicited spam text messages. In matters involving violations of the TCPA, individuals are entitled to recover as much as $500 to $1,500 for each violation.


You win lawsuits with evidence

In order to win a court case concerning text messages - you are going to need evidence. That is proof that you actually received unwanted text messages.

The first thing you need to do is make sure that you don’t spoil the evidence. Make sure you don’t delete the unwanted text messages. They are going to be Exhibit No. 1 in you text message lawsuit.  And Exhibits No. 2- however many texts you actually receive.

If you send them a text asking them to stop texting you - you need to keep that also. You don’t have to do this in order to win your text message lawsuit - but you want to make sure you keep all the evidence.


Not consenting to the text messages

If you are receiving automated calls, the TCPA only applies if the calls are made without your consent.If you consented (read: agreed) to the texts then that is a defense to the case. If you keep receiving unwanted texts and you are not sure if you consented - send them a text to please stop texting you.  Any texts you received after that are the basis for a lawsuit.


The texts have to be sent by a machine

Both telemarketers and debt collectors frequently harass individuals by using computerized autodialers to send texts.  


It's winning time

There are no guarantees in life or law but death and taxes.  But if you are receiving unwanted text messages that are commercial/ business messages that you didn't consent to and they are being sent to you by a machine - - then you have a pretty good chance of winning your text message lawsuit.

The damages in these cases can be quite substantial. But even if you only received one text message - it is worth bringing these cases. 


Your next step

Making sure you hire a the best honest TCPA lawyer to win your case.

Call us.  You never pay us any money directly. We only get paid if we win. It's easy. Three easy steps.

Or fill out the form on this page.


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Recently asked to testify before the  California Senate on class action issues
Recruited by the United States Senate Commerce Committee to help draft legislation Awarded the Best Lawyers Award
Published as a Top Lawyer in the New York Times
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Awarded the Best Lawyers of America award,
Named one of the Top Attorneys in Southern California
Awarded the Nations Top One Percent Lawyer Award 

And most importantly - we are widely known as being down to straight-up.

William Turley
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”

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