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Putting an end to “spam” texts

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Before cellphones, people would complain about being harassed by unwanted phone calls at the worst possible times. Now, the technology and method of delivering the message have changed, but unwanted texts are just as frustrating, especially when they come one after another, quickly filling up your inbox. The good news is relief may be available. Laws are in place to help protect consumers from unwanted, harassing messages.

The Telephone Consumer Protection Act

Congress passed the Telephone Consumer Protection Act (TCPA) to help put an end to unwanted solicitations and contacts. The act outlaws several actions commonly taken by telemarketers, including:
  • The use of automatic dialing equipment
  • Sending unsolicited text messages
  • Use of prerecorded calls to solicit your business
There are some exceptions to the prohibitions. For example, political calls are typically exempt if they follow the requirements outlined in the TCPA.

Does the “do not call” registry provide protection?

In theory, if you put your name down on the National Do Not Call Registry, you should never receive an unsolicited phone call or text message again. However, if you have put your name on this list, you already know that many companies pay no attention to this registry. The benefit of putting your name on this list means that you could receive additional compensation beyond what the TCPA allows. A skilled professional can let you know what your options are for pursuing compensation for unsolicited calls and texts.

You do not have to endure a storm of texts

You may feel that unsolicited texts are just a part of life. However, you may be able to put a stop to these frustrating actions. The law provides you with protections. You can help hold telemarketers accountable for their illegal activities.

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Undisclosed
Settlement

TCPA class action against the Los Angeles Times. Final approval granted 2014.

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$750,000
Settlement

Common fund class-wide TCPA settlement against home healthcare provider. Final approval granted.

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$27.6M
Settlement

TCPA class action certified on behalf of approximately 2,000,000 class members under Rule 23(b)(2) and (b)(3). Subsequently settled on a Rule 23(b)(2) and (b)(3) basis. Final approval granted.

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$5.2M
Settlement

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Unruh Act class action on behalf of approximately 240,000 consumers challenging Tinder’s age-based differential pricing for its subscription service. Final approval granted; subsequently went up on appeal.

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$390,000
Settlement

TCPA class action alleging HD Supply sent unauthorized marketing text messages to consumers’ mobile phones without consent between October 21, 2011 and July 26, 2017. Presided over by Judge Fernando M. Olguin. Case terminated January 29, 2018.

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$1,500,000
Settlement

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TCPA class action against a Kansas-based payday lender alleged to have contacted consumers via prerecorded calls on their cell phones to collect alleged debts without consent. California federal judge granted final approval.

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$6,500,000
Settlement

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Cal. Penal Code § 632.7 class action certified by contested motion under Rule 23(b)(2) and (b)(3) on behalf of over 40,000 class members whose calls were recorded without their knowledge or consent. Final approval granted.

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$13,000,000
Settlement

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$13 Million Class action alleging HSBC recorded consumer telephone calls without knowledge or consent in violation of California’s Privacy Statute (Penal Code § 632.7). California Federal Judge granted final approval.

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$34,000,000
Settlement

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One of the largest TCPA class action settlements in U.S. history at time of approval. Alleged Chase used an automatic telephone dialing system to contact consumers on their cell phones without prior express consent from July 2008 through December 2013. Settlement class included over 32 million members. Final approval granted March 2016.

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$150,000,000
Settlement

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Class action on behalf of over 100,000 owners of GM vehicles equipped with allegedly defective LG-manufactured batteries posing fire and safety risks. Litigation commenced December 2020. U.S. District Judge Terrence G. Berg indicated preliminary approval of the $150 million settlement.

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$100,000,000
Settlement

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Landmark gig-economy class action. DoorDash drivers in California and Massachusetts alleged they were wrongly classified as independent contractors rather than employees. Firm served as class counsel. Final approval granted January 13, 2022 — the largest gig-economy worker class settlement in U.S. history at the time.

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