Internal Do-Not-Call List Text Message Class Action Lawsuit Investigation

July 7, 2022

Consumers Receiving Text Messages After Opting Out: Who’s Affected?

Annoyed woman in a maroon shirt looks at her smartphone while sitting at a desk with a laptop - tcpa, text messages, do not call

Have you ever tried to get a company to quit sending you advertising or marketing messages via text by telling them to “Stop” but they kept sending texts anyway? 

You may have a legal claim.

As marketing channels become more numerous and diverse, some companies are going to invasive extremes to reach potential customers. Government regulations are in place to ensure that companies don’t continue to harass people even after the recipient has told the company to stop contacting them.

The Telephone Communications Protection Act (TCPA) exists in part to protect people who opt-out of receiving marketing text messages. The TCPA requires companies to maintain an internal do-not-call list of consumers who opt out of communications with the company. These lists must include the subscriber’s name (if known) and the telephone number. Companies are then required to honor the request after the request is made. If a company does not maintain a list or ignores it, it may be in violation of TCPA.

The TCPA makes it illegal for people to send unsolicited messages to wireless devices without permission. It is illegal for companies to send spam messages using autodialer equipment, which stores and dials phone numbers using a sequential or random generator. Phone calls are classified by the FCC as a telecommunication service, but texting has not yet been classified as such.

NPR reported that the FCC received 14,000 complaints about unwanted text messages in 2020, up 146% from the year before. Many complain of unwanted marketing messages. But many unwanted texts are scams as well.

Do You Qualify? 

You may qualify for an investigation if you texted a company “STOP”, “NO”, “END”, or “CANCEL” or a similar message and you continued to receive multiple marketing messages. If this describes your situation, you may be able to seek compensation through legal action. Be sure to save or take a screenshot of the text messages.

Fill out the form on this page for more information.

It’s estimated that spam texts account for around one percent of all texts in the U.S. 

Several lawsuits have been filed against companies for their alleged violations of the TCPA. One example is a company called SmileDirectClub, which sells teeth-straightening orthodontic devices. The company kept sending unsolicited marketing texts to people across the country even after being told to stop. That lawsuit came after the same company previously agreed to pay an $11.5 million class action settlement.

In another example, a lawsuit was filed in Florida against David’s Bridal, which was accused of sending spam texts. The plaintiff Cheri Aul told WESH 2 News that she had never shopped at David’s Bridal after she got a new phone number. In Virginia, another lawsuit was filed against Orangetheory Fitness

Join a Stop Text Investigation

If you received text messages from a company after replying “Stop”, “No”, “End”, or “Cancel” or a similar message you may be able to take legal action against the company for failing to comply with federal regulations. Please also be sure to save and/or take a screenshot of that text message.

Fill out the form on this page for a FREE case evaluation. 

By submitting your information, you agree to receive communications from LegaFi Law LLC and since LegaFi Law LLC co-counsels with other law firms on certain matters, you may receive email or telephone communications from those other law firms to discuss the details of your potential case at no charge to you if you qualify. The law firm responsible for the content of this page is LegaFi Law LLC.
Did you text “STOP”, “NO”, “END”, or “CANCEL” or a similar message to opt-out of marketing text messages?(Required)
Did you sign up for this service or company or provide your phone number?(Required)
Did you opt out of receiving these unwanted text messages but still continue to receive them?(Required)
Please indicate the number of text messages received after you opted out:(Required)
Do you have screenshots of text messages you received?(Required)
Max. file size: 10 MB.
NOTE: You must include the name and phone number of the business, otherwise the attorneys have nothing to investigate.
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By checking this box, I consent to receive from LegaFi Law LLC marketing emails and/or marketing calls or text messages sent by an automatic telephone dialing system. I consent to LegaFi Law LLC providing my phone number and email address to the lawyers or their agents with whom LegaFi Law LLC may be co-counseling on the investigation, and I consent to receive marketing calls, text messages, and/or emails from those lawyers or their agents. You may opt out at any time.

After you fill out the form, an attorney(s) or their agent(s) may contact you to discuss your legal rights.


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