Don't Spam Me, Bro!

South Florida Real Estate Firm Sued For Spam Texts. A South Florida Real Estate firm has been sued by a consumer who received unsolicited spam texts about buying real estate, and the suit seeks class action status on behalf of all those who may have received the texts. Unsolicited texts have become a real problem, and we have all likely received them. The Federal Telephone Consumer Protection Act is the basis for the suit, and raises interesting questions about what constitutes unsolicited telephone calls, texts and faxes. Email is coveed by the CAN-SPAM Act, which establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. Despite its name, the CAN-SPAM Act doesn't apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers (clients?) announcing a new product line – must comply with the law. So, email, texts, robocalls, and faxes. There is recourse, if you are willing to engage in long, protracted litigation. Most of us just endure it, don't we?