Does the TCPA cover text messages when collectors blow up my phone?
The short answer is yes, the TCPA covers text messages.
The TCPA applies the same way that it applies to phone calls.
We aren’t talking about manual calls or texts here, however.
The TCPA doesn’t cover those calls.
We’re talking about robo-dialers, prerecorded messages, and such.
In the same way, we’re talking about companies that send these automated messages.
These messages aren’t sent out by humans, they’re sent out by a machine.
These text messages are considered calls.
Whether your phone rings because of a call, or beeps because of a text, it’s considered a call.
Since this is the case, we look at whether you gave the company permission to call you.
Sometimes we do give permission.
When we sign up for things, generally they will ask for permission to notify you via text message or will ask you if it is ok to call you on your cell phone.
That’s totally fine.
There’s always a way to get out of getting these text messages.
Usually you text “STOP,” or you can call and tell them to take you off of their text list.
If they don’t take you off of their list, then they’re breaking the law.
It may be that the person who had your cell phone number before gave permission.
The person before you may have given Twitter or their bank permission to text them notifications.
That’s fine if they gave permission, but it’s your phone number now.
You didn’t give them permission.
That means that they need to stop texting you.
Usually, they make the excuse that they didn’t know that said person changed their number.
Well, they need to ask.
They can’t assume that once you have permission, that they will always have permission to blow up your phone.
The law states that they get one free call or text.
After that, they have violated the law.
If they break the law, they have to pay at least $500 per call or text.
However, if it’s considered intentional harassment, they could be paying up to $1,500 per call or text.
This is a very valuable and powerful law that encourages these companies to follow the rules.
Because your claim can be so valuable.
If it was only $1 per call, these companies wouldn’t really care about being sued.
However, $500-$1,500 really gets their attention.
Feel free to contact us
If you live in Alabama and you have questions about whether or not you gave permission, whether or not you’ve revoked permission, or whether the TCPA applies, feel free to get in touch with us.
You can reach us by phone at 1-205-879-2447, or you can fill out a contact form and we will gladly get in touch with you.
I look forward to talking with you!
Have a great day.