The presidential campaign of candidate Donald Trump was recently sued over unsolicited text messages claims a resident of Chicago. The Chicago man sued the presidential candidate just this week in federal court. Furthermore, it could also mean that potentially thousands of other people who have received the text message could join in on the class-action lawsuit.
Chicago Man Sues Presidential Campaign of Donald Trump Over Unsolicited Text Messages
The lawsuit was filed on Monday and it alleges that Donald Trump has blasted to the masses to “Make America Great Again.” The text message was sent to cell phones without the consent of their recipients, and this is in violation of the Telephone Consumer Protection Act.
The Telephone Consumer Protection Act was passed by the congress back in 1991, and federal courts have since then held that the act applies to all unsolicited text messages. Additionally, it targets automated “robocalls” to telephones. The text message in question included a message that says “Reply YES to subscribe to Donald J. Trump for President. Your subscription will help Make America Great Again! Msg&data rates may apply.”
The attorney behind the case is Joseph Spiprut, and he says that plaintiffs are seeking $1,500 per text message. This could literally translate to millions of dollars, plus legal fees. “This was a mass, unsolicited communication of promotional messages that the plaintiffs didn’t consent to receive,” the attorney said. “How the Trump campaign went about getting their list of numbers we don’t know yet, but they don’t appear to have done it correctly and legally.”
The message in question invited recipients to sign up for even more texts to be sent by the sender which is from the presidential candidate’s campaign. Spokesmen and attorneys of Trump campaign did not respond to the inquiries about the aforementioned case. It is also possible that the campaign could mount a First Amendment defense for the text messages that were sent. However, Attorney Siprut said that the law does not apply expemptions for political campaigns.
“The law here for TCPA claims isn’t distinguishable in any meaningful way whether it’s a political campaign or a private industry,” Siprut stated. “Other defendants have made or threatened such challenges, but I haven’t seen them be successful.”
The federal suit that was filed on Monday included a screenshot of the alleged text message from the Donald Trump campaign. The source of the message, which was “88022,” is an SMS short code which is leased by the Trump for President’s agent/s or affiliate/s, or that of the Trump for President marketing program.