By Eric Shore, Personal Injury and Disability Lawyer
Yes. If a company keeps sending automated marketing text messages after you reply STOP, they may be violating federal law. Under the Telephone Consumer Protection Act, you could be entitled to 500 to 1500 dollars per unlawful text.
Why This Happens to Disability Claimants
If you are waiting on Social Security Disability or Long Term Disability benefits, your income has likely been disrupted. That is often when marketing pressure peaks.
You may see:
- Preapproved instant loan offers
- Aggressive debt consolidation ads
- High interest disability advance promotions
Many of our clients tell us they replied STOP, but the messages kept coming anyway. At that point, it is not just an annoyance. It may be a legal claim.
When Do Text Messages Violate Federal Law?
Not every unwanted text is a lawsuit. But a company may be liable if:
They ignore your STOP request
Companies must honor opt out requests under federal rules. Continuing to send automated marketing texts after a clear opt out can create liability.
They use a qualifying automated system
The TCPA applies when messages are sent using systems that fall within current statutory and FCC definitions of automated dialing technology.
There was no valid written consent
Marketing texts generally require prior express written consent.
They violate quiet hours
Telemarketing communications are generally restricted before 8 am and after 9 pm local time.
What Is a TCPA Text Case Worth?
Federal law sets statutory damages of:
- 500 dollars per unlawful text
- Up to 1500 dollars per text if the violation was willful or knowing
- Actual recovery depends on proof of automation, consent, and revocation.
Protecting Your Rights While Out of Work
Being behind on bills does not give lenders a license to flood your phone with unlawful automated marketing.
We represent people whose injuries or illnesses prevent them from working. Your phone should not become another source of pressure while you are waiting on benefits.
What Should You Do?
- Do not delete the messages
- Screenshot the entire thread with date and time visible
- Make sure your STOP reply is clearly shown
- Preserve any messages sent after your opt out
- Do not click suspicious links. Preserve the evidence exactly as it appears.
Free Text Message Review
If you believe a company ignored your opt out request, we will review your screenshots at no cost.
About the Author
Eric Shore is a personal injury and disability lawyer and the founder of the Law Offices of Eric A. Shore. For more than 30 years, he has represented people whose injuries or illnesses prevent them from working.
His practice focuses on serious injury, Social Security Disability, Long Term Disability, and income protection issues. He is licensed in Pennsylvania, New Jersey, and Florida.
Learn more at 1800CANTWORK.com
