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The Costello Law Group

Florida Unwanted Text Message and TCPA Lawyer

UNWANTED TEXT MESSAGES & TCPA CLAIMS
Marketing texts can become more than a nuisance when they arrive without valid permission, continue after an opt-out request, or conceal who is responsible for the campaign. Federal and Florida laws regulate certain telephone solicitations, automated calls, and text messages. Whether a particular message violates those laws depends on facts such as the purpose of the communication, the technology used, the sender, the recipient, the consent history, and any request to stop.
The Costello Law Group reviews unwanted text-message matters for Florida consumers. Attorney Joshua Costello works directly with clients to identify the sender, preserve the message history, evaluate consent and revocation, and determine whether the available facts warrant further action.
WHAT THE LAW REQUIRES

Not Every Unwanted Text Is Automatically Illegal

The Telephone Consumer Protection Act, commonly called the TCPA, and Florida’s telephone solicitation law can apply to certain calls and text messages. The rules contain definitions, exceptions, consent requirements, and procedural steps. A text may be commercial, informational, transactional, political, charitable, or connected to an existing relationship. Those distinctions can matter.
A useful review looks beyond the fact that a message was annoying. It asks who sent or authorized it, what the message promoted, whether the consumer asked for the contact, whether consent was given, what the consent covered, whether the consumer later revoked it, and whether additional messages followed.
CONSENT AND OPT-OUTS

Consent and Opt-Out Requests Matter

A company may argue that a consumer agreed to receive messages through a website form, purchase, account registration, contest entry, or another interaction. The wording, placement, scope, and record of that consent may be important. Consent to one type of communication does not answer every question about later marketing texts, and a prior business relationship does not eliminate the need to examine the law and the facts.
Federal rules recognize that consent to certain robocalls or robotexts may be revoked through reasonable means. Florida law also addresses communications sent after a person says they do not want further outbound calls or texts. For certain Florida text-message solicitation claims, the statute includes a specific step involving a STOP reply and a 15-day period before a damages action may be brought. Because the requirements and exceptions are fact-specific, consumers should obtain legal guidance rather than assume a particular message automatically qualifies.
PRESERVE YOUR EVIDENCE

Evidence to Save Before Messages Disappear

Text-message cases can be difficult to evaluate when the thread has been deleted or the screenshots omit the sender and dates. Preserve the complete conversation and the device if possible. Save records in a way that shows context rather than isolated messages.
HOW WE REVIEW YOUR CLAIM

How The Costello Law Group Evaluates a Texting Claim

Joshua begins by reviewing the message history and identifying the potential sender, seller, or campaign operator. He then considers the purpose of the communications, the consent record, the opt-out history, the timing of later messages, and the laws that may apply. If additional records are needed, he can explain what to request or preserve.
The firm does not promise that every unwanted text will produce compensation. The objective is a careful, evidence-based analysis and a clear explanation of the available options. If a claim is appropriate, Joshua remains directly involved in the strategy and communication.
Let’s Discuss

Request a Review of Your Text Messages

Save the entire message history and contact The Costello Law Group. Joshua Costello can review the communications, explain which facts matter, and discuss whether further action is appropriate.
Unwanted Text Message and TCPA FAQs

Frequently Asked Questions

Does every unwanted text message violate the law?
No. Whether a text violates the Telephone Consumer Protection Act or another applicable law depends on factors such as the sender, the message’s purpose, how it was sent, and whether valid consent existed. An unwanted message alone does not automatically establish a claim.
Keep screenshots showing the complete message, sender’s number, date, and time. Preserve the original conversation, any opt-out requests, and messages received afterward. Information about purchases, online forms, or prior dealings with the business may also be relevant.
Prior consent does not necessarily mean you must continue receiving covered calls or texts indefinitely. You may be able to revoke consent. Keep a record of your request and subsequent messages so an attorney can evaluate whether the sender complied with the applicable rules.
Yes. The Costello Law Group assists consumers in Cooper City, Davie, Pembroke Pines, and across Florida. Send a brief description of the messages and the sender so the firm can explain what information is needed for a review.
Based in Cooper City. Serving Davie, Pembroke Pines, and clients throughout Florida. Contact The Costello Law Group at (954) 591-8099 to discuss.
Free Consultation

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Share the basic facts and the records you have. The firm can evaluate whether the matter falls within its current services and explain what additional information may be needed.
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Joshua Costello
The Costello Law Group
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