You are not alone! According to Ferris Research, a market research firm that tracks mobile spam American cellphone owners received 4.5 billion spam texts last year. In fact, the FCC reports that spam telemarketing calls and texts were consistently in the top three consumer complaint categories in 2011.
A text scam that is burning up cell phones across the country right now is the “You are a winner! Click on this Link” text. If you have received a text that says, “Your entry last month was WON! Got to TargetPrizes.com and enter code 4787 to claim your Free $1000 Target Gift Cart within 24 hours!” Do NOT click on the link! This is NOT a text from Target, you did not win a prize, you have received a dangerous spam text message. Another text with the same wording is claiming to be Best Buy, as well. If you attempt to claim their prizes, you will most likely be asked to divulge personal information that the spammer will sell to other spammers, worst case scenario, use to access your bank account.
And if you think replying “STOP or Remove Me” to the messages will make them stop, think again. Any reply to the message will only confirm that the spammer has hit on a working cellphone number. Unfortunately, if you do not have an unlimited texting plan on your cell phone you will be billed for these annoying spam texts, too.
Text spamming is illegal under the Telephone Consumer Protection Act, and the FTC is pursuing some of the most egregious text spammers and many major mobile carriers are investing in spam-fighting technology.
If you are an AT&T, T-Mobile, Verizon Wireless, Sprint or Bell Mobility subscriber, you can report dangerous spam texts, like the one above to your carrier by copying the original message and forwarding it to the number 7726 (SPAM), free of charge.
Regarding texts from reputable companies, not just spammers, they should have an opt-out option within the text. Also, you must have given them consent to text you. If you are receiving texts from a reputable company and they do not have an easy opt-out option or you did not give them consent they are in violation of the law and you may be owed compensation. “Under the FCC’s rules, texts messages may be sent to your mobile phone if you previously agreed to receive them. For texts that are commercial, your consent must be in writing (for example, in an email or letter)” https://www.fcc.gov/guides/spam-unwanted-text-messages-and-email
Federal rules require the following for commercial email sent to your mobile phone:
Identification – The email must be clearly identified as a solicitation or advertisement for products or services;
Opt-Out – The email must provide easily accessible, legitimate, and free ways for you to reject future messages from that sender;
Return Address – The email must contain legitimate return email addresses, as well as the sender’s postal address.
I receive many calls every month regarding spam texts and am currently pursuing several companies that have violated the Telephone Consumer Protection Act (TCPA). If you are receiving spam text messages in violation of the TCPA rules please give my office, The Law Office of Todd M. Friedman a call today at (877) 449-8898
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Settlement
TCPA class action against the Los Angeles Times. Final approval granted 2014.
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.
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.
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.
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.
Class-wide settlement in wage and hour independent contractor misclassification class action on behalf of approximately 1,800 valet employees. Final approval granted.
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.
$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.
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.
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.
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.
With so many law firms in Southern California and throughout the United States, why choose the Law Offices of Todd M. Friedman?
Todd Friedman has been named a 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025 and 2026 Super Lawyer, a distinction of professional achievement and peer recognition.
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