Under federal law, texts and commercial email messages may be sent to your mobile phone only if you agreed to receive them.
Consent must be in writing — such as an email or letter — for a business to send commercial text message ads. However, only oral consent is required for non-commercial, informational texts, including those sent on behalf of tax-exempt, nonprofit organizations; for political purposes; or other non-commercial purposes, such as for school closings.
After you opt-in or give your authorization, all commercial texts must allow you to “opt out” of receiving future messages the same way you opted in, including by dialing a short code or cell phone number. Senders have 10 days to honor opt-out requests.
If you do provide a shop, restaurant or other business with your cell phone number, read and understand the entire consent form. Determine if the policy allows the company to sell your information. Don’t display your cell phone number or email address in public and be careful about giving out your cell phone number, email or other personal information. Don’t respond to unwanted texts or emails from questionable sources.
The Telephone Consumer Protection Act (TCPA) provides for damages of $500 to $1,500 for each unsolicited text message in order to compensate for invasions of privacy and the costs associated with cellular data plans.
Upton Law Firm is investigating violations of the TCPA on behalf of individuals who have received spam text messages. For a free TCPA lawsuit consultation, please contact a consumer protection lawyer at Upton Law Firm by calling toll free at (877) 675-7987