Spam Text and Junk Fax

SPAM TEXTS AND JUNK FAX MESSAGES

Unfortunately, millions of consumers receive unwanted text or fax messages daily that disrupt their everyday life. These “spam text messages” and “junk faxes” are used by companies to try to sell their services, advertise their business, or collect personal information for their own use.

More than just simple nuisances, these spam text messages and junk faxes can lead to the theft of confidential personal information, thereby wreaking havoc on the consumer’s personal and financial life.  One of the latest methods of spamming is called “Smishing,” derived from “SMS phishing.” These are text messages that request confidential information (such as the consumer’s login information for a bank account, credit card related information, or social security number) that scammers then steal and use for their own illegal benefit.

THE TELEPHONE CONSUMER PROTECTION ACT

Thankfully, the Telephone Consumer Protection Act (TCPA) is a federal law that was enacted to protect against communications that harass or otherwise harm consumers using telephonic equipment, which includes text messaging and faxes.   

If a text or fax message violates the TCPA, the spammers can be found liable to pay a penalty to the consumer that ranges from $500 to $1,500 for each violation.

WHAT SHOULD YOU DO IF YOU RECEIVE A SPAM TEXT OR JUNK FAX?

There are several steps you should take in the event that you receive a spam text or junk fax. 

First, be sure to save a record of the spam text or junk fax, which will serve as evidence that you have been contacted by spammers in violation of the TCPA. In order to secure the evidence, it is recommended to email yourself a screenshot of the spam text or a copy of the junk fax.

Second, gather as much information as you can regarding the company or party that sent you the spam text or junk fax (such as the name, phone number, or any other identifying information).  The more information regarding the sender that you have, the easier it will be to identify the defendant in the event that you bring a lawsuit to protect your rights.

HOW CAN COHEN AND MIZRAHI LLP HELP YOU?

If you have received a spam text or junk fax message, the attorneys at Cohen & Mizrahi LLP can help you end the nuisance, and may even be able to help you receive monetary compensation. Send us a copy of the spam text or junk fax via email to [email protected], and let us help you determine the best way to proceed to protect your rights, at no cost to you.  Let the attorneys at Cohen & Mizrahi LLP fight for you!