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Spam Text Messages

There are two major acts that apply to unwanted text messages and canned spam. Unless you previously gave consent, or in the event of an emergency, text messages sent to a cellular phone generated via an autodialer are illegal. Pursuant to the Telephone Consumer Protection Act, these texts are illegal even if you did not put your number on the Do-Not-Call list.

The CAN-SPAM ACT (Controlling the Assault of Non-Solicited Pornography and Marketing) supplements the TCPA in that it prohibits a company from sending unsolicited texts or emails to a cellular phone if the substance is “commercial” in nature. 

Pursuant to both the TCPA and the CAN-SPAM ACT, if you have given your consent, marketers are permitted to engage in the above described activity. “Consent” is a concept that has been litigated many times and is not as straight-forward as one might believe. It is recommended that if you believe you have been the victim of an unsolicited text or email message that you contact a consumer law attorney.

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Financial difficulty can be a stressful and overwhelming emotional experience for anyone. Your hard earned dollars are a stake and it is understandable that you have a lot of questions. The Luftman, Heck & Associates Consume law attorneys are on your side. Get answers to your questions and concerns by contacting Luftman, Heck & Associates Consumer Law attorneys today at or email us at advice@ohiodebthelp.com.
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