A federal California class action lawsuit that a consumer filed against Things Remembered, which is a national company that sells gift items, alleges that Things Remembered used an automated dialing system known as a robocaller to send her and potentially 1,000s of other individuals spam text messages. Proving that claim may entitle the consumer and the other people in Things Remembered’s database to a court award of $1,500 for each text that that company sent them.
The $500 to $1,500 amount that the federal Telephone Consumer Protection Act (TCPA) provides for paying in cases such as this one is intended to do more than compensate individuals for the nuisance factor related to receiving unwanted landline and cell phone calls and texts regarding which those people did not provide the required consent. This provision both wants to deter businesses from engaging in this illegal activity and to compensate people with pay-as-you-go or limited data plans who must pay for receiving these spam messages.
A brief and completely incomplete description of the guidelines under the TCPA is that it addresses the problems described above by generally prohibiting companies and individuals from (1) using robocallers to (2) send consumers unsolicited voice or text messages regarding which (3) the consumers did not provide adequately express consent to receive.
An example of what a court would most likely consider to be inadequate consent for the calls and texts described above would be a homeowner providing his or her name, email address, and telephone number on a slip of paper that does not more than ask for that information to enter a mortgage company’s contest to win a non-mortgage related prize. That mortgage company using a robocaller to place sales calls or texts to the homeowner’s number would most likely violate the TCPA.
Have you received a text message from Things Remembered? Have you received unsolicited text messages from any company? Complete the web form on this page to share your story, obtain a free legal review and receive updates as the case proceeds.