Law Firm Sued For Spamming with Text Message Marketing Posted on December 1, 2014 by Sally Nyemba Under federal law, the sender must receive “Unambiguous written consent before telemarketing call or text message is made.” After spamming thousands of consumers with marketing text messages, a New York foreclosure defense law firm was hit with a class action lawsuit charging that it violated the federal Telephone Consumer Protection Act. Craig Moskowitz of Stamford, CT, filed the case against the Pullin Law Firm of Hauppauge, NY, seeking $500 in damages for each member of the class. The suit claims the firm sent the texts in July 2013 “in a misguided effort to offer legal services to financially vulnerable customers.” The text referred to Fannie Mae’s recent agreement to a multi-billion-dollar settlement. “Call me to see how this effects YOUR home loan terms,” the message said, and provided a phone number for the firm. Unambiguous consent required In today’s legal market, using social media, and other mass media option are becoming increasingly popular in the legal field as a way of marketing their law firms. However, the TCPA makes it unlawful in 47 U.S.C. § 227 to send unsolicited text messages, if they are transmitted for marketing purposes. Additionally, a 2013 amendment to the TCPA now requires that before sending commercial text messages to a cellphone or other SMS-capable device, the sender must receive “Unambiguous written consent before telemarketing call or text message is made, regardless of whether there is an established business relationship or not.” Unsolicited text message violations are attracting many class-actions, for example, in Jerome Damaso v. Clearwire Corporation, the plaintiff along with others in his class action suit, alleged that Clearwire violated the TCPA when it sent unsolicited text messages to cellular phone users. In this case, the defendant Clearwire realized that its actions violated the TCPA and therefore offered to pay the plaintiff his full request for relief. In Connecticut, text messages that feature advertisements for legal services are in a “gray area” of the laws regulating attorney advertising, according to Assistant Bar Counsel Kerry O’Connell.