The law behind unsolicited text message lawsuits

Recently, there have been several instances of how unsolicited text messaging has gotten companies in trouble. Like any marketing campaign, there are regulations that must be followed, and failure to recognize them can be costly.

A recent article from Lexology, a popular legal knowledge blog, examined what is behind the legal action that some consumers have taken. According to the piece, this stems from the Telephone Consumer Protection Act, 47 U.S.C.A. § 227 et seq. (TCPA). The legislation was passed in 1991 as a way to prevent companies from using automated phone call machines to reach customers. Over the years it has been updated to include fax machines, emails and now text messaging.

Many people have their cell phones within reach at all times, making it the perfect tool to reach them. However, consumers will become annoyed if they are constantly bombarded with unwanted text messages. It can also cost recipients money to receive those messages. This is where the violation occurs and the trouble starts.

"The penalties for violating the TCPA are substantial, and the FCC can enforce the Act, fining the text senders who are in violation," the article reads. "In addition, private claimants can maintain claims for knowing or willful violations of the TCPA for actual damages, statutory damages, and treble damages up to $1,500 for each violation. This has led to a host of class action lawsuits being filed."

Mobile text marketing is a valuable new tool for many companies but it needs to be managed properly. With the help of an SMS gateway, any company will be able to properly manage these solutions.