Friends don't need to sign up for a service to text people.
Is it possible to get SPAM Texts?You may be able to get monetary compensation from the promoter of these illegal schemes.
It has been awhile since we posted about the Telephone Consumer Protection Act.A critical component of the law was struck down by a federal appeals court in Washington DC.Politics in Washington these days seem to be focused on the election even though everyone but the telemarketers agrees that the law should be fixed.
The battles over loop holes used by telemarketers and autodialers are still going on.There are new opportunities for people who are tired of getting text messages.
Pizza Hut franchises started the specific promotion at issue in the Palm Beach case.A customer could get discounts by signing up.That is legal.As long as you consent, companies can text you.It needs to be easy to opt out at any time.
The Pizza Hut franchise was on the right track until they introduced the "Friend Forwarder" program.Is it possible that your friends would love you more if you signed them up for Pizza Hut promotional messages?Pizza Hut made it easy to do that.
We used the subscription cards in the magazine to sign up teachers we didn't like, but we thought we were cool because we found a Playboy magazine.Pizza Hut was responsible for this case because a child randomly signs up his friends for promotional texts.
What is the difference?The Telephone Consumer Protection Act requires consent for telemarketers.It isn't the telemarketer's fault if you randomly sign up for text messages.When you ask the customer to sign up his friends, it's their fault.Unsolicited texts are also illegal.
Brian Keim filed a case after he said he and others received thousands of unwanted text messages.
The two franchise operators will pay $6 million.It is not known how many customers will sign up for the settlement, but the attorneys think they will get $400.The number can be different by how many people sign up.
Unsolicited text message is included in the law.Damages of between $500 and $1500 are provided by the law.If Brian Keim is correct, he would be eligible for a million dollars as would every other affected Pizza Hut customer.The two franchise companies would close their doors.
A fairness hearing is held by the court to make sure everyone's rights are balanced.Some people will say the $400 isn't enough.The settlements are usually approved by the court because not everyone will be happy.The courts know that imposing high fines will drive the company out of business.
We don't know if other companies have a "friend forwarder" type campaign.We are interested in finding them.Signing people up for discount campaigns is one thing.It is one thing to ask participants to sign up others without their consent.
You don't have the right to consent for companies to offer prizes to get you to do so, as long as you think Sally or Dad would love a thousand text messages with free breadsticks.
The $6 million dollar Pizza Hut settlement is being paid by the two franchise operators.Pizza Hut's parent company was also sued.We don't know if they would have been forced to pay after the case was settled.They have a lot of deeper pockets.
The case was one of the most controversial.In 2012 it began.The case was thrown out of court and Brian Keim's lawyers won an appeal and the lawsuit was amended to include Pizza Hut.
Companies can be held responsible for promotional text messages to be sent to individuals whose telephone number was provided by a third-party without consent in violation of the Telephone Consumer Protection Act.The consent confusion is behind the promotional schemes.
We need your help.If your friend signed you up for promotional text messages because he was drunk or thought it was funny, there is no case.If the company asked for the numbers of friends and family, you may have a case.
Pizza Hut has a friend forwarder scheme, but it is not the only one.It is also illegal to send regular SPAM texts.
Texting a wireless number using any kind of automated technology requires express written consent.According to the FCC, prior express consent means that the receiver of the texts has clearly authorized the sender to deliver the messages.
Most of the cases are handled as class actions.Unless you can prove you received 1000's of unwanted text messages, it is expensive to litigate a single case.If you know of a business that is trying to get you to sign up for text messages, please call us.
Wrong numbers happen.telemarketers can only send text messages to the wrong number once.An easy opt out mechanism is required by the law.To stop future text messages, most senders ask you to reply with the word stop.If a company makes a mistake, it is not on the telemarketer.Multiple texts and no way to stop them are some of the cases we handle.
Visit the information page for more information.Are you ready to see if you have a case?You can contact us online by email.All inquiries are protected by the attorney.
Do you work for one of these companies and think the company is wrong?We would love to hear from you.