You’ve probably received an unsolicited marketing text message at some point. It’s very frustrating to feel your phone vibrate, take it out of your pocket, and see that it’s not a message from someone you know, but a promotion you never signed up for. They’re called robotexts, and believe it or not, they’re actually illegal. The moment you text “Stop” and they continue to send you messages, they are actually getting themselves into serious trouble.
So much so that this scenario, which is usually just a nuisance during your nap time, has become the epicenter of one of the largest class action lawsuits in the United States this week. The company responsible for the repeated harassment is a lawn care company, NaturaLawn of America, which has agreed to pay a massive settlement for sending unwanted text messages to consumers. The settlement fund is no less than half a million dollars, and eligible consumers who were subjected to this digital harassment can claim up to $217 for each message they received.
Laws against message spamming
The Telephone Consumer Protection Act is the law that has come to the defense of these two customers. It is the main federal law designed to protect consumers from intensive and automated communications.
It is not a new law, but was originally enacted in 1991. However, it has been adapted to the digital age to cover automatic calls, programmed messages, and automated text messages. This same law establishes that it is legal for a company to send automated marketing messages without the consumer’s prior express written consent.
This authorization must be clear and should not be implied by the purchase of goods or services. In addition, the consumer has the right to revoke this consent at any time. This is what the Naturalawn Of America case has created.
If a customer ever gave permission to receive messages and advertising, they can also revoke this consent at any time. All they have to do is respond with a simple word such as Stop, Quit, or Cancel, and Teresa will stop sending them messages. If the harassment continues even after requesting that the messages stop, that is when the law considers it a serious violation of consumer rights and privacy.
The TCPA imposes a substantial fine of $500 per violation (per message). The fine can be tripled if a court determines that the violation was committed “intentionally.” If you have ever been contacted by Nature Lance and have evidence that they continued to send messages without your consent or after you expressly requested that they stop, this is considered illegal commercial pan under federal law.
The NaturaLawn Case
The case in question is known as Ford v. NaturaLawn of America, Inc., and was filed in a court in Miami-Dade County, Florida. The SMS messages were sent as marketing promotions advertising the company’s lawn care services. The major annoyance—and what would become the focus of the lengthy litigation—was that the company allegedly ignored consumers’ requests to stop sending messages. The lead plaintiff alleges that she continued to receive texts and calls even after sending the “Stop” command.
By continuing to send messages despite acknowledging the opt-out request, the company is guilty of “knowing disregard of the law.” David goes from mere annoyance to a punishable legal violation, as it invades the consumer’s privacy and their right to control their phone line. The period during which these messages were sent was quite extensive: it is estimated that these messages were received between April 30, 2020, and the present.
In litigation, the company NaturaLawn of America, while denying any wrongdoing, has agreed to pay $500,000 by the end of 2025 to settle the case.
If you were one of the people bothered by all these messages, you should join the lawsuits soon. Anyone in the United States who received two or more text messages from the company after requesting that the messages be stopped can join the lawsuit. Remember, the key is not how many messages were received in total, but when they were received after you asked them to stop sending them. It is estimated that each member of the lawsuit will receive up to $217 per valid message.