More People Texting Means More Junk Texts

Consumer Rights Law Firm Serving Clients in Chicago, Illinois, and Nationwide


The ever-expanding prevalence of smart
devices in our lives does not automatically
give businesses the right to use text
messaging to solicit your patronage or
support.

Now that 97 percent of Americans with smart phones are using those devices for text messaging, it follows that the consumer fraud and junk fax lawyers at Markoff Leinberger in Chicago are on alert for increased, illegal spam texting.

The practice of sending unsolicited texts to consumers has been outlawed as part of the Telephone Consumer Protection Act (TCPA). So each unsolicited text that you get can qualify for $500-$1,500 in compensation per correspondence. (Some select correspondences such as political campaign texts are exempt.)

But perhaps the reason that TCPA violations persist is the mind-boggling rate at which American cell phone and smart phone use has accelerated over the last decade. Consider these October 2014 mobile device statistics from the Pew Research Center:

  • Ninety percent of American adults now own a cell phone.
  • Sixty-four percent of American adults now own a smart phone.
  • Roughly a two-thirds of American adults own an e-reader, while close to have use a tablet.

Here are two more figures that present a clearer picture of just how impactful widespread mobile phone use has been on our day-to-day lives:

  • About two-thirds of users habitually check their devices for messages and alerts — even when there’s no ring or vibration.
  • Close to half of users report sleeping with the device within reach so messages and alerts never go unnoticed at night.

But, the ever-expanding prevalence of smart devices in our lives does not automatically give businesses the right to use text messaging to solicit your patronage or support.

If you have received junk faxes, spam texts, or unwanted telemarketing robocalls, please call the Chicago consumer fraud lawyers at Markoff Leinberger today to schedule your free case consultation: 1-877-905-5161.