Spam Text Lawsuits

Spam Text Lawsuits


Audet & Partners, LLP has been on the forefront of the issue of not only privacy protection, but abuse by corporations of new technologies, including abusive and costly spam texting.  Spam texting is not just an annoyance, but is in many cases, illegal and in violation of federal and state law.  At Audet & Partners, LLP, we investigate claims relating to spam texting to determine whether these laws have been violated and what can be done to not only stop the illegal texting, but to seek compensation for our clients and the class from the wrongdoer.

A recent national study suggests that nearly 75% of cell phone users that send and receive text messages have received unsolicited or “spam” text messages advertising or promoting products and/or services.  Another study estimates that the number of unique commercial text messaging ad campaigns quadrupled in the first half of 2012, and that receipt of such messages increased 300% between 2011 and 2012.

Consumers are protected from unsolicited commercial text messages by the Federal Act known as the Telephone Consumer Protection Act (“TCPA”) enacted in 1991.  The TCPA prohibits unsolicited text messages to personal cell phones unless the message is sent for emergency purposes or the recipient has given his or her express consent to receive such messages.  The TCPA provides for statutory damages of up to $1,500.00 for each individual unsolicited commercial text message.

Previous cases have imposed significant financial penalties on companies for sending unsolicited SMS messages to consumers.  In 2008, a $7 million dollar settlement was reached with the Timberland Company and GSI Commerce, Inc., providing $150.00 cash payments to consumers nationwide who had received unsolicited spam text messages.

In 2010, a settlement was reached in California against Simon & Schuster publishing company which had contracted for a commercial text message campaign promoting the latest work from a popular novelist. Ultimately, the Ninth Circuit Court of Appeals reinstated the lawsuit against Simon & Schuster that could cost the company more than $90 million, awarding $175.00 to each class member filing a claim.

Most recently, in 2012, a settlement was reached against Heartland Automotive Services, the largest Jiffy Lube franchisee in America, that could reach $47 million for the unsolicited text message pictured to the right sent to more than 2.3 mobile phone numbers.

If you have received an unsolicited or “spam” text message, please contact a Spam Text Lawyer at Audet and Partners, LLP for a free consultation to learn more about your rights.  You can request a free consultation by completing and submitting the confidential form to the right of this page, or call us toll-free at 800.965.1461.

Join a class action. Call us: 800.965.1461