As usual, the Donald Trump campaign has been stirring up a buzz. This time, it is in the form of unwanted text messages from his campaign. These text messages have led to two separate class action lawsuits that charge the Trump presidential campaign with violating the Telephone Consumer Protection Act (TCPA).
The TCPA, In Short
Back in 1991, when the TCPA was passed under President George H.W. Bush, cell phones, text messaging, and SMS marketing were not prevalent like they are today. The Federal Communications Commission (FCC), the agency that enforces the TCPA, has confirmed earlier interpretations that the TCPA applies to unsolicited text messages, just as it applies to unsolicited phone calls.
TCPA Texting Law
The TCPA law says that callers must have received “prior express written consent” from individuals before they are allowed to send text messages to them or add them to their subscription lists.
Two men that live in the greater Chicago area have alleged that the Trump campaign did not receive their express written consent to send text messages to them. They both claim that they received text messages that said, “Reply YES to subscribe to Donald J. Trump for President. Your subscription will help Make America Great Again! Msg&data rates may apply.” As the TCPA allows, both of the lawsuits are pursuing a minimum of $500 in statutory damages for each individual who received the same text. (In fact, the TCPA allows up to $1500 in statutory damages for unsolicited phone calls and text messages.)
One claimant from Aurora, Illinois believes that the Trump campaign somehow obtained his phone number from the website that he used to sign up for a Trump campaign rally that took place in Chicago. He says that he was never asked his consent to receive test messages from the Trump campaign, and the only place he remembers providing his cell phone number was on the Eventbrite website.
Another claimant from Cook County alleges that he never gave the Trump campaign his cell phone number, either. In fact, he does not have a clue where or how the republican candidate’s campaign would have obtained his cell phone number. He believes that the Trump campaign is simply sending test messages out to randomly generated phone numbers by the thousands.
Organizations Facing Lawsuits
Several other organizations are facing similar complaints. Uber, the ridesharing company, Lyft, a competitor of Uber, and Caribou Coffee are also facing allegations regarding TCPA violations in recently filed class action lawsuits.
If you have received unsolicited text messages from an organization, you can submit a complaint to the FCC. However, the FCC will not help you seek statutory damages that you are entitled to under the TCPA. Contact Keogh Law LTD today to discuss your rights under the TCPA and how you can collect the compensation you deserve at (866) 726-1092.