| Sometimes an unwanted text message from a | | | | illegal, you may consider a lawsuit. Keep in mind that |
| business may actually be illegal under certain federal | | | | these types of lawsuits are generally class-action |
| laws. One such law is the CAN-SPAM Act (which | | | | lawsuits, meaning a group (the "class") sue together |
| stands for Controlling the Assault of Non-Solicited | | | | in one case. The reason for this is that as an |
| Pornography and Marketing), banning unsolicited | | | | individual your losses, or damages, may be relatively |
| messages in the form of texts to cell phones. Other | | | | small and, when you factor in legal fees on top of |
| laws prohibiting unwanted "text spam" are the | | | | that, it might not be worth it at all. But, when you |
| Telephone Consumer Protection Act (TCPA) and the | | | | sue as a class, the total damages may be significant |
| national Do-Not-Call-List, prohibiting messages to | | | | and the legal fees are contingent, meaning the lawyer |
| telephone numbers that are registered. Text | | | | doesn't get paid unless you win. |
| messages are considered calls under the | | | | An example of a text messaging lawsuit is the case |
| Do-Not-Call-List. | | | | against the company Timberland, which was sued |
| Still, there are exceptions. If you've agreed to | | | | under the TCPA and settled for $7 million, agreeing |
| receive texts from a certain business, then they are | | | | to pay back the individual plaintiffs for the costs of |
| not illegal. Oftentimes, you may actually agree to | | | | the texts. |
| accept texts without even knowing it. In that case, | | | | Again, all of the above relates to unwanted text |
| you will probably have to take the initiative and | | | | messages from businesses. Unwanted text messages |
| contact the company to advise them that you would | | | | from a friend or co-worker are not covered under |
| no longer like to receive the messages. | | | | these laws. However, if you are receiving text |
| If there are companies that you have an existing | | | | messages from anyone that you find harassing, |
| relationship with, then text messages from that | | | | especially if they are threatening harm, call the police |
| company may also be legal. For example, if you have | | | | immediately. |
| an account with Verizon and you receive texts about | | | | There are many experienced class-action attorneys in |
| options on your account, then the texts are likely | | | | Illinois that handle text spam lawsuits. If you feel you |
| legal and you will have little or no recourse. | | | | may be the recipient of such texts and want to talk |
| However, if you believe that the unwanted text | | | | to an attorney, we can recommend based one in |
| messages you are receiving from businesses are | | | | your area. |