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Are political spam text messages illegal?

Nov 24, 2018
Shamis & Gentile, P.A.
Spam text messages

For years, you don’t hear from politicians, but then they send non-stop campaign ads. You might not have a clue about who most of these politicians are. Are political spam text messages illegal?

FCC Ruling

Have you become annoyed by some of the mudslinging political ads? Some of them are close to defamation. They might make dramatic statements that are only remotely truthful. When you are working, you might receive these spam text messages. The TCPA has established that SMS spam, mobile spam, robo calls and unsolicited calls might be illegal. But, are political ads included? Yes. The FCC has stated that false, hurtful political text messages could be against the law. The violation must be willful and knowing. Of course, defamation is against the law. But, whether you know it or not, politicians are actually held to a lower standard for defamation. The law establishes that public figures should expect more commentary on their lives – celebrities, athletes and politicians. The problem with defamation cases is that they are tough to prove. You must prove that you have been materially damaged by the lies.

Spam Text Messages

The challenges of litigating political spam text communications are many. First, they are politicians. The government will be hesitant to restrict political activities. Second, most political cycles are very short. You might only receive political ads for the last two weeks before election day. Is that enough time for you to complete the spam text messages claim process? The TCPA requires you to document the time, sender and content of the text. Then, you have to request that the offending party take you off their marketing list. For political campaigns, the sender might be a third-party political action committee (PAC). The best spam text messages lawyer Miami FL could help you track down that organization. Another problem is that most PACs shut their doors after an election.

Unsolicited Political Spam Text Messages Communication

You might have a case against political spam. A good spam text messages lawyer in Miami could argue the merits of your case. The law has a lot of gray areas with respect to political text messages. You shouldn’t have to suffer from any unsolicited texts, including political ads. We, at Shamis & Gentile, P.A. have successfully litigated spam text violations. Give us a call about political spam at 305-479-2299 and we can see if you have a case.

How To Report Spam Text Messages

Shamis & Gentile, P.A. has had extensive experience dealing with multiple cases of spam messaging and harassment. If you are a victim of this, you may be entitled to up to $1500 in damages! Follow these 4 steps to file a report with us:

  1. Save The Text Message!
    Screenshot the message and then email it to yourself or save it to the cloud in case something happens to your phone.
  2. Get The Details
    Write down the name and number of the company that tried to solicit you. This will be useful in court.
  3. Send the Text Message Screenshot to Your Lawyers
    Send the screenshot image of your spam text message to Shamis & Gentile, P.A. by sending a text to 1-833-3TEXT-ME (1-833-383-9863) or email us at
  4. Call For A Free Consultation
    Call the attorneys at Shamis & Gentile, P.A. for a free consultation of your potential case. We will happily discuss it with you and will advise you of all the further actions that are required.

Learn more about the Telephone Consumer Protection Act and Spam Text Message FAQ’s here.

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