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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

#101

Post by tptacek »

cwkoss wrote: post #81
game-of-throws wrote: post #49

Earlier quoted context omitted.

> As we head into election season, a lot of us are going to get unsolicited text messages like this. You too can sue for them! Can you elaborate? Every source I've seen says that politicians have exempted themselves from the spam laws. e.g. a random google result: https://www.cincinnati.com/story/news/politics/elections/202... > That's because the National Do Not Call Registry does not apply to political text message…

I would LOVE to be able to sue political spammers. I donated to many candidates in 2016 and have been getting crazy amounts of text spam from pols ive never heard of for the past 5 years. Politicians shouldn't have zero consequences for selling my personal data.

You will never be able to do so; campaign calls are exempt from FCC rulemaking not because the FCC is particularly warm to political campaigns (though maybe they are), but because the Constitution forbids them from restricting political speech in this manner.

Municipalities run into a similar problem with those awful circulars that pile up on your front stoop: ordinances to prohibit them have been struct down as unconstitutional. And that's not even political speech, generally!

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

#102

Post by sleepymoose »

tptacek wrote: post #100
thathndude wrote: post #31

Lawyer here. I do this kind of work for a client. Good for this guy for taking the fight to the spammers. As we head into election season, a lot of us are going to get unsolicited text messages like this. You too can sue for them! Some of what was said in the tweets regarding your rights and what you have to do to file a claim are, in my experience and opinion, not correct. The general idea is right, but some of the…

Campaign calls and texts are explicitly exempt from the Do Not Call registry, as they must be.

>as they must be.

Why is there legally allowed spam? Because it's for democracy? I don't care, I don't want to receive calls and texts related to it. Spamming my phone is more likely to make me go out and vote for the opposition out of spite than anything.

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

#103

Post by game-of-throws »

gnopgnip wrote: post #91
game-of-throws wrote: post #49

Earlier quoted context omitted.

> As we head into election season, a lot of us are going to get unsolicited text messages like this. You too can sue for them! Can you elaborate? Every source I've seen says that politicians have exempted themselves from the spam laws. e.g. a random google result: https://www.cincinnati.com/story/news/politics/elections/202... > That's because the National Do Not Call Registry does not apply to political text message…

Political txt, email and calls are (mostly)protected by the first amendment as free speech. It would be unconstitutional for the government to restrict it with very limited exceptions, mostly related to imminent threats of violence. Commercial speech can be regulated provided certain requirements are met that are more widely applicable, a four part test is used. See Central Hudson Gas & Electric Corp. v. Public Servi…

There's a big difference between "freedom of speech" and "requirement to listen". You can speak all you like, but you cannot intrude upon others and force everyone to listen to you.

I'm not constitutionally required to let political campaigners onto my private property (my home), and I shouldn't be required to receive their text messages on my private property (my phone).

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

#104

Post by tptacek »

sleepymoose wrote: post #102
tptacek wrote: post #100

Earlier quoted context omitted.

Campaign calls and texts are explicitly exempt from the Do Not Call registry, as they must be.

>as they must be. Why is there legally allowed spam? Because it's for democracy? I don't care, I don't want to receive calls and texts related to it. Spamming my phone is more likely to make me go out and vote for the opposition out of spite than anything.

Because the government's ability to regulate communications is at its absolute nadir when it concerns political speech regarding an upcoming election. Your best bet to press your case on this policy issue is to invent a time machine and plead your case to James Madison.

You can vote for the opposition if that makes you feel better, but know right now that the opposition, whatever it may be, for any major political office is doing exactly the same thing. Every significant political party has list-making and trading as one of its highest priority goals.

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

#106

Post by Archelaos »

tptacek wrote: post #101
cwkoss wrote: post #81

Earlier quoted context omitted.

I would LOVE to be able to sue political spammers. I donated to many candidates in 2016 and have been getting crazy amounts of text spam from pols ive never heard of for the past 5 years. Politicians shouldn't have zero consequences for selling my personal data.

You will never be able to do so; campaign calls are exempt from FCC rulemaking not because the FCC is particularly warm to political campaigns (though maybe they are), but because the Constitution forbids them from restricting political speech in this manner. Municipalities run into a similar problem with those awful circulars that pile up on your front stoop: ordinances to prohibit them have been struct down as unco…

> You will never be able to do so

Could the constitution not be amended, at least in theory? Or the supreme court create a new interpretation?

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

#107

Post by thathndude »

game-of-throws wrote: post #49
thathndude wrote: post #31

Lawyer here. I do this kind of work for a client. Good for this guy for taking the fight to the spammers. As we head into election season, a lot of us are going to get unsolicited text messages like this. You too can sue for them! Some of what was said in the tweets regarding your rights and what you have to do to file a claim are, in my experience and opinion, not correct. The general idea is right, but some of the…

> As we head into election season, a lot of us are going to get unsolicited text messages like this. You too can sue for them! Can you elaborate? Every source I've seen says that politicians have exempted themselves from the spam laws. e.g. a random google result: https://www.cincinnati.com/story/news/politics/elections/202... > That's because the National Do Not Call Registry does not apply to political text message…

But they cant use automated means. That’s what allows them to blast out texts.

Generally, there are two subcategories of TCPA claims: DNC (227(c)) and ATDS/prerecorded voice (227(b)). The latter claims are still available against politicians, last I checked. The latter claims regulate the technology that allows blast calls and messaging with pre-recorded messages.

not legal advice

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

#108

Post by justrudd »

cwkoss wrote: post #81
game-of-throws wrote: post #49

Earlier quoted context omitted.

> As we head into election season, a lot of us are going to get unsolicited text messages like this. You too can sue for them! Can you elaborate? Every source I've seen says that politicians have exempted themselves from the spam laws. e.g. a random google result: https://www.cincinnati.com/story/news/politics/elections/202... > That's because the National Do Not Call Registry does not apply to political text message…

I would LOVE to be able to sue political spammers. I donated to many candidates in 2016 and have been getting crazy amounts of text spam from pols ive never heard of for the past 5 years. Politicians shouldn't have zero consequences for selling my personal data.

I wasn't paying attention and used one my primary email addresses when donating. Account is basically worthless now. So much spam. Even from candidates in states I've never lived in or currently reside in.

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

#109

Post by thathndude »

YeBanKo wrote: post #38
thathndude wrote: post #31

Lawyer here. I do this kind of work for a client. Good for this guy for taking the fight to the spammers. As we head into election season, a lot of us are going to get unsolicited text messages like this. You too can sue for them! Some of what was said in the tweets regarding your rights and what you have to do to file a claim are, in my experience and opinion, not correct. The general idea is right, but some of the…

He mentioned the exact jurisdiction where it happened. Can you point at least one thing, that is wrong?

Sure, I know of no jurisdiction that requires a pre-suit demand for a TCPA claim.

“Issue a notice of demand explaining that you are seeking payment for TCPA violation and give them 10 days to respond. Send mail with signature delivery. (You can't sue without having issued a notice of demand.)”

You do have to serve them once you file the case, but generally, I’m aware of no pre-suit-demand obligation for a TCPA case in small claims court that prevents you from filing.

not legal advice

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

#110

Post by thathndude »

j0hnyl wrote: post #69
thathndude wrote: post #31

Lawyer here. I do this kind of work for a client. Good for this guy for taking the fight to the spammers. As we head into election season, a lot of us are going to get unsolicited text messages like this. You too can sue for them! Some of what was said in the tweets regarding your rights and what you have to do to file a claim are, in my experience and opinion, not correct. The general idea is right, but some of the…

So, someone hired you to try and monetize their inbound spam? How lucrative is that?

Very. There’s a whole industry around it. Folks on record is saying that this law has made more millionaires in the plaintiff’s bar than any other law.

Check out TCPAworld.com if you want to go down the rabbit hole!

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