Get Big $$$ for Unwanted Texts or Calls
I bet nearly every one of you reading this can remember a time when a company has sent you an unwanted text or unsolicited cell phone call about a product or service
Those annoying calls and texts from telemarketers, debt collectors and companies trying to sell you something could be worth hundreds, if not thousands of dollars. That’s right - we are talking serious, serious money.
Truth is, the Telephone Consumer Protection Act (TCPA) establishes rules companies have to follow before they call you. If they violate them, you can collect between $500-$1,500 per unwanted call or text. That's right - up to $1,500 for each unwanted call or text.
What you are going to see is that this can really add up fast. We have seen some folks get 100 calls or texts.
I call it the joy of math.
Let’s say you got 50 illegal texts. 50 times $1,500 = $75,000
But it is worth it if you only get $1,500 or $3,000.
Who couldn’t use the extra money.
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 your 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.
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 your 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 receive 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.
Hiring a TCPA Attorney
Hiring an experienced, skilled and honest TCPA attorney is going to help you win your case. You want an expert on your side.
Call us today if you think you have a case on your hands or have any questions.
Call us at 619-304-1000
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 unwanted text message or phone call you still may have a winning case on your hands.