Spam Text Message

Simply put, spam text messages are unsolicited and intrusive text messages that are broadcast to cellphones. They are often for the purpose of commercial advertising and are unwanted and annoying. Often, they can be dangerous because the person who is sending out this spam may be trying to defraud you.

• spam text messages
• SMS spam text
• mobile spam
• wireless spam
• mspam
• automated calls
• robo calls
• nuisance calls
• harassing calls
• unsolicited calls

The TCPA allows private actions by persons subjected to prohibited conduct and authorizes recovery of up to $500 per violation or $1,500 if the violation was willful or knowing.

There are a few basic guidelines on how to act when you receive a spam text message:

• Do Not Reply
  Your reply will only confirm to the spammer that they sent the message to a real person.

• Do Not Relinquish Any Personal Details
  Remember, reputable institutions will never ask for any personal information such as your Social Security or Bank Account Number.

• Do Not Click On Any Link In The Message Before Consulting With Our Spam Text Lawyers
  The furnished link is often just a portal to download a virus onto your device.

• Report spam messages to Shamis & Gentile, P.A.

Following these steps will ensure you do not suffer adverse consequences from receiving a spam text.

There are two major types of spam messages:

1. Legitimate “SPAM” messages, and
2. Messages from a SCAMMER.

If you receive a ‘SPAM’ message, it is more than likely simply because the company in question just wants to sell you something. If you reply to the message, you have quite possibly just subscribed to receiving more SPAM text messages. However, if the message in question is from a scammer your reply has confirmed to them that the number is connected to a real person, who can be expected to have a bank account and credit cards. They will then start to try a range of tactics to hack your phone or in some other devious way try to get a hold of your personal data. 

Very often, you might have opted into a text message marketing service without even realizing you have done so. Any of the following scenarios may apply:

• You gave your cellphone details to make an online purchase,
• You texted a number you saw on an online billboard, and/or
• You replied to a previous spam message.

The highly qualified team of lawyers at Shamis & Gentile, P.A. is ready to receive any reports of spam texting. Remember to follow the 4 easy steps below:

1. Save the text by taking a screenshot and saving it to your photo gallery
2. Write down the name and number of the offending company
3. Forward the text to 1-833-383-9863, and
4. Call us for a free consultation.

In most of the world, SMS spam is illegal under the jurisdiction of trespassing to chattels (where someone has deliberately infringed on a person’s movable property). In the USA, violators may be forced to pay substantial costs.

Taking a screenshot of a spam text message is a reliable way of saving both the spam message and the details of the company trying to contact you. This evidence can be used in support of your case. To screenshot the text message, simply use your phone’s screenshot function and save the image to your phone’s gallery.

In Florida, the governing law for cellphones is the Telephone Consumer Protection Act (TCPA). This Act ensures that spam text messages are illegal, unless you have opted in, and one can file for damages if you are the recipient of unsolicited spam text messages.

When filing a claim or starting a lawsuit because of spam text messages, it is important to document and keep a record of all the available information. The contact details of the company or person that sent you the spam text as well as the message itself are all important pieces of information.

If your number is on the do-not-call registry, and you do receive unsolicited calls, it means you are receiving spam text messages because of the activities of spammers and auto-dialers. These entities disregard the registry, and will attempt to contact you and to swindle you anyway.

A nuisance call is exactly that: a nuisance. Typically, nuisance calls are meant to elicit some sort of reaction from the receiver of the phone call. They are often intended to threaten, annoy and/or harass the recipient.

The easiest and most effective way to deal with nuisance calls is to screen all calls before you answer them. Do not answer numbers that are not saved on your phone and that are not familiar to you. Another option is to download call-screening software on your cellphone.

In order to block calls on a landline, you need to install a piece of hardware known as a call blocker. Offered by most service providers, this call-blocking service checks incoming numbers against a blacklist and diverts blacklisted numbers – either to voicemail or by completely blocking the call. Some services are free while others require a monthly subscription.

If you are receiving nuisance phone calls, the best thing you can do is to arm yourself with as much information about the call as possible. A few things that you should jot down are:

• The name of the telemarketer who called you,
• The name of the company they represented,
• The date and time of the call,
• The amount of money they asked from you (if applicable), and
• The number that was used to call you (if not hidden).

The lawyers at Shamis & Gentile, P.A. have extensive experience in dealing with nuisance calls and harassment. Should you be a victim, report it to us; you may be entitled to up to $1500 in compensation. Follow these 3 easy steps:

1. If you have call-recording software, record the call.
2. Write down the name and number of the offending company.
3. Call us for a free consultation. We will happily advise what further course of action to take.

Nuisance calls can qualify as harassment or even as trespass to chattels. In order to file or join a class action lawsuit against a nuisance caller, your lawyer representing you in your nuisance call case needs to be equipped with all the information you have regarding the following details:

• The name of the caller,
• The representative on the phone,
• What they asked of you, and
• If available, the number they called you from.

Telemarketers are forced to follow very strict guidelines in Florida. This includes the following:

• The hours in which they are allowed to call you,
• Being unable to block their caller ID,
• What they must inform you of, and
• What they are not allowed to say over the phone.

If they fail in any of these things, the phone calls to you can qualify as a nuisance call and may be penalized. In addition, any calls that have the intent to threaten or harass are also against the law.

As with reporting a nuisance call, your nuisance call lawyer will need the following information:

• The name of the company,
• The name of the representative, and ideally,
• The number from which the nuisance call originated.

Any further information you can provide will likely be helpful in your nuisance call lawsuit

A robocall is an automated telephone call, which delivers a recorded message. This form of advertising is usually employed by telemarketing companies or political parties. The message is usually delivered by a robot, hence the term ‘robo-call’.

If you do not wish to receive automated marketing phone calls to your cellphone, you can register your number on the Do-Not-Call registry. Once registered in this registry, by law, telemarketers have to remove you from their call lists within 31 days.

If you are receiving robocalls on your mobile phone, there are various ways of blocking them. One option is to use the inbuilt block number function that comes with most mobile devices. Alternatively, if you have a smartphone, you can download software that screens incoming calls and flags them as robo calls, which you can choose to block.

• The Telephone Consumer Protection Act (TCPA) governs automated calls in the following ways:
• The caller must get permission to send automated calls or text messages to a cell phone.
• The caller may not call or text residences before 8 a.m. or after 9 p.m., local time.
• The caller must maintain a “do-not-call” (DNC) list of customers who do not want automated messages.
• The caller must honor a do-not-call request for 5 years.
• The caller must state their name and phone number.
• The caller must not send automated messages to an emergency line (e.g., “911”).
• The caller cannot send automated messages that would tie up two or more lines of a business.

If you have a call-recording service available, you can record the phone call that you receive and use it as indisputable evidence. However, most cases can be handled just by saving the number you received the phone call from.

Shamis & Gentile, P.A. has a team of specialized nuisance and robo call lawyers ready to handle your grievance. All you need to do is record the name and number of the company that is sending you robocalls. Then, call us to schedule a free consultation. We will advise you on the next course of action to take.

The Telephone Consumer Protection Act (TCPA) is the law that governs the use of robo calls in Florida. This law ensures that unwanted and unsolicited robocalls do not harass you. If you are receiving calls that you did not sign up for, are receiving calls not addressed to you or are still receiving calls after asking a company to stop, these calls are against the law and you are eligible to file a lawsuit.

With a robocall, the following 2 simple steps need to be followed:

1. Ideally, jot down the number from which the call originated, and
2. Keep a record of the name of the company calling you.

With this information at hand, an investigation can be launched and your robocall lawyer will be able to follow the right leads.

Robo calls are rather unmistakable. However, here are a few pointers to help you identify them:

• The calls are pre-recorded,
• The calls often include artificial voice prompts,
• You are asked to wait for the next available representative,
• There is a momentary delay between your answer and a response from the other end of the line.