Under the TCPA and related Washington law, penalties for illegal text message violations can range between $500 and $1,500 or more, per violation. This includes advertisements related to rewards programs. If you believe you have received spam text messages, make sure you do the following:
- Save the text message! Take a screenshot and email it to yourself so the evidence is preserved. You never know what may happen to your phone and without the evidence your case is much more difficult!
- Screenshot your text message or write down that number that calls you, as well as the company that they are calling from! Often ascertaining the identify of these companies is difficult, so the more information the better.
- Send Us Your Screenshot: Send the screenshot image of your spam text message or fax to 509-413-1724. Please contact us for any questions.
- Call the attorneys at Kirk D. Miller, P.S. for a free consultation for your potential case. We will happily discuss and let you know what further actions are required! 509-413-1494
Unwanted text messages and unwanted calls made to your cellular phone or device is an increasing epidemic. Companies place automated phone calls that harass and tie up your personal phone line (as well as your time!) on a routine basis, with zero regard for federal regulation.
The Telephone Consumer Protection Act (TCPA) (47 USC §227) and other related laws prohibit businesses and individuals from advertising through unsolicited text messages or unwanted phone calls to your cellular phone. The Telephone Consumer Protection Act of 1991 (TCPA) was passed by the United States Congress in 1991 and signed into law by President George H. W. Bush as Public Law 102-243. It amended the Communications Act of 1934. The TCPA is codified as 47 U.S.C. 227. The TCPA restricts telephone solicitations (i.e., telemarketing) and the use of automated telephone equipment. The TCPA limits the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines. It also specifies several technical requirements for fax machines, auto-dialers, and voice messaging systems—principally with provisions requiring identification and contact information of the entity using the device to be contained in the message.
The related Washington law is called the Commercial Electronic Mail Act or “CEMA”. RCW 19.190. CEMA does not require that the offender use an auto-dialer so violations of this act can be easier to prove than the federal law. A violation of CEMA is a violation of the Washington Consumer Protection Act and also carries penalties of up to $1500 per illegal communication, plus additional fees and costs.