Junk Text Message Attorneys in Illinois

If you receive an unwanted text message from a business, it may be illegal.

Several federal laws address unwanted text messaging. One is the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing), which bans unsolicited messages to wireless phones, also known as text messages. Another is Telephone Consumer Protection Act (TCPA), and the national Do-Not-Call-List, which prohibits solicitations to numbers that are registered. Texts are considered calls under this law.

In general, there are two exceptions. Texts aren’t illegal if you’ve agreed to receive them, or if they come from companies you have an existing relationship with. If a business has your permission, or you have an account with them, their texts probably aren’t illegal. For example, if AT&T texts you about options on a pre-existing account, there’s not much you can do legally. In many instances people agree to accept texts without knowing it. You almost always have the option of letting the company know that you no longer wish to receive these communications. But you often have to take the initiative to do this.

Lawsuits against businesses sending unwanted texts are generally class-action lawsuits. Class-action lawsuits are where a group (the “class”) sue together in one case. The reason people sue as a group is because individually their damages are small (maybe only a few dollars in unwanted text messages), but together the damages add up. People also do this because you don’t have to pay a lawyer anything unless they win the case.

In a recent example, the company Timberland was sued under the TCPA law for sending unsolicited text messages. The company settled the suit for $7 million, agreeing to reimburse individuals for the costs of the texts.

Remember that these laws apply commercially. If a friend or co-worker sends you a text without your permission, it’s not covered by these laws. If you are receiving harassing text messages, especially if they are threatening harm, call the police.

If you have additional questions about text spam, or want to find out if you could be part of a class-action lawsuit for texts you’ve received, please contact us. We know experienced class-action attorneys and firms that handle junk text lawsuits in Chicago and throughout Illinois.