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Stop Texting!

Thursday, September 27, 2012

Stop Texting!

A federal class action lawsuit claims The Weather Channel bombards people with spam text messages even after being asked to stop, in violation of the Telephone Consumer Protection Act.

Plaintiff Michael Rossell alleges he asked The Weather Channel to stop sending text messages by replying “Stop” – thereby confirming he did not provide any prior consent to The Weather Channel to send such texts.

Despite informing The Weather Channel to discontinue sending texts, Rossell received yet another text the same day informing him that The Weather Channel would no longer send texts to his phone. Rossell was charged by his wireless carrier for this unsolicited text message. This violates the TCPA, which prohibits companies from making unsolicited commercial text calls, the class action lawsuit says. Violating the TCPA carries a $500 fine per violation.

This class action lawsuit is brought on behalf of all persons in the U.S. who received one or more unauthorized text messages on behalf of TWC. It is seeking an award of actual and statutory damages, an injunction requiring TWC to cease all wireless spam activities, and more.

Note from HandelontheLaw.com: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither the author, handelonthelaw.com, or any of its affiliates shall have any liability stemming from this article.





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