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I won a suit against a party that sent me an unsolicited text message

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Re: I won a suit against a party that sent me an unsolicited text message

#4
Unfortunately, all of the text spam I get is of the scammy misrepresentation variety, and is going to fail on the "identify the other party" step.

Edit: for instance https://imgur.com/D780jAX -- after I naïvely responded to the first few like this and got their pivot, I started to recognize the style.

Re: I won a suit against a party that sent me an unsolicited text message

#6
I would love to do this, but the few times that I've tried to look up the company, there's no real evidence as to who it is. And I'm fairly sophisticated at that kind of research, I know most of the tricks- however, these companies do successfully hide their identity.

I did, one time, find the likely CEO of one of these companies, and I called his cell phone late on a Friday night to mess with him. However, I didn't really have 'rises to the level of evidence that you could present in court' type certainty

Re: I won a suit against a party that sent me an unsolicited text message

#7
My only question is around the loophole that political organizations can do this if they aren't using "robotexts". How do they prove this? I've received three texts from an organization I'd like to do this to. Every time they've messaged me, I've responded and asked whether this was a human sending the message. No response.

Maybe I'll just bite the bullet and try.

Re: I won a suit against a party that sent me an unsolicited text message

#8
This only works for the least common kind of a spammer: a real, registered business that you can identify. Most spammers are con artists, scammers, and phishers who know to keep their identities secret, let alone link you to their corporate website.

Re: I won a suit against a party that sent me an unsolicited text message

#9
When I lived in Canada, I was very excited when CASL (Canada's Anti-Spam Legislation) came out circa 2013. Having the ability to sue Canadian companies that ignored email opt-outs would have been great. The amounts are limited to $200 per violation, but up to $1 million per day total (in most cases, I'd get a few hundred dollars for 1-3 emails). And very easy to track since I generate unique aliases for each company I interact with.

Unfortunately, the ability for individuals to sue ("private right of action") was delayed in 2017, and delayed once more in 2019, IIRC. Apparently, companies complained that the max $1 million per day could be achieved by sending 5,000 unsolicited emails, which would be too easy to do if there was a mistake in their system or a new sales rep ham-fisted this without realizing the repercussions.

I love to see posts like this though, I'll be sure to attempt this if I ever get SMS spam here in USA.

Re: I won a suit against a party that sent me an unsolicited text message

#10
post #9

When I lived in Canada, I was very excited when CASL (Canada's Anti-Spam Legislation) came out circa 2013. Having the ability to sue Canadian companies that ignored email opt-outs would have been great. The amounts are limited to $200 per violation, but up to $1 million per day total (in most cases, I'd get a few hundred dollars for 1-3 emails). And very easy to track since I generate unique aliases for each company…

"We are likely to break this law, therefore we shouldn't be punished when it happens"? Classic.

The US has a similar problem with CAN-SPAM. Ordinary citizens cannot sue.[1] All you can do is complain to the FTC, after which of course nothing will happen.

It makes these laws rather toothless if they're not actually enforced.

[1]: https://www.law.cornell.edu/wex/inbox/can-spam_and_consumer_...

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