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Do You Have a Spam Text Case? You can sue!


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2021 Mar 2, 6:45pm   193 views  6 comments

by Patrick   ➕follow (55)   💰tip   ignore  

https://www.lemberglaw.com/tcpa/how-to-sue-spam-texters/

Suing spam texters – and receiving up to $500-$1500 per unwanted text – is possible if you’ve experienced any one of these situations:

You received an unwanted commercial text on your wireless device, and you haven’t given permission to the company to send you texts and you don’t have an existing business relationship with that company.
You received a text that did not provide you with an automatic opt-out mechanism.
You opted out but are still receiving texts.
Your mobile device is registered on the national Do-Not-Call list.
The text you received was sent by an autodialer.
Do not delete and keep accurate records of the numbers that have texted you, along with screenshots, dates, times, and information about the company or texter. This kind of evidence may improve the likelihood of your lawsuit’s success.


Huh, I think I'm going to try this. Maybe not with that lawyer, but I could get rich just by suing for all the spam texts I get!

Comments 1 - 6 of 6        Search these comments

1   Automan Empire   2021 Mar 2, 7:03pm  

Wish I could sue the telemarketers calling with Merchant Service, Your Google Business Listing, Marriott Hotels, the Breast Cancer Whatever, and the rest.

You're supposed to be able to, but all I've seen is sketchy self-serving law firm pitches.
2   Misc   2021 Mar 2, 7:05pm  

I dunno, I have a nice guy from India checking up on me every day worrying about my car's extended warranty, What a saint.
3   Blue   2021 Mar 2, 7:16pm  

Every day I get robocalls about expiring extended auto warranty. They call from different number all the time. Spam filter can detect few of them.
Edit: despite the fact that I added myself to do not call list.
4   WookieMan   2021 Mar 2, 8:21pm  

Blue says
Every day I get robocalls about expiring extended auto warranty. They call from different number all the time. Spam filter can detect few of them.

I don't answer the phone unless I know the number. If it's important they'll leave a message or know how to get a hold of me. I talk on the phone, but there's little reason to actually call someone anymore.
5   Patrick   2021 Mar 2, 9:52pm  

Exactly. I just don't answer the phone unless I know who it is.

I don't even have a ringtone anymore, just vibrate. I think a lot of people have arrived at this same solution.

When phones were first invented in 1880 or so, people were indignant at the idea they should immediately get up and respond at the ringing of a bell. I think they were right about that.
6   stereotomy   2021 Mar 3, 12:05am  

There used to be a great site called Debtorboards that had an archive of one person's crusade against telemarketers ("The KidRoxx Archives") using the Telephone Consumer Protection Act (TCPA). I think he ended up making about $30K by filing multiple TCPA $1K lawsuits in small claims against telemarketers.

The National Consumer Legal Center always came up as a really good resource for Pro Se litigants. They have 21 "treatises" that cover most aspects of consumer-related law.
What's really good about these are that they include loads of sample pleadings. Each book runs $100-200 or so, which is a really good deal IMO for what you get.

Here's the one that encompasses TCPA:

https://library.nclc.org/FDL/subscribe

The problem nowadays is VOIP has enabled ubiquitous phone number spoofing, making it nearly impossible to figure out who is really behind the call. This makes it really hard to proceed under TCPA.

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