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Is There a Difference Between Commercial Spam and Phishing Scams?

Although there is a legal difference between commercial spam and phishing scams, modern scam artists are increasingly good at mimicking legitimate businesses. Knowing your rights and working with the dedicated consumer protection lawyer Jibrael S. Hindi is critical for recovering financial damages for both unsolicited spam calls and fraudulent losses. Contact his office immediately at (844) 542-7235 or online to discuss any suspicious phone calls or text messages.

Federal Commercial Spam Regulations

Commercial spam is also referred to as marketing communications or solicitations. The Telephone Consumer Protection Act (TCPA) defines these communications as any call (or text message) placed to encourage consumers to purchase, rent, or invest in any property, good, or service. Common examples include robocalls encouraging you to invest in timeshares or texts from local clothing stores offering daily discounts.

Attorneys often use the term ‘spam’ to describe unsolicited marketing communications that violate the TCPA. These communications are often placed to a high volume of consumers using an ‘automatic telephone dialing system,’ such as a computer program, and frequently involve pre-recorded voices (robocalls) or even AI-generated programs.

An experienced TCPA protection lawyer might help you recover $500 for each unlawful call or text. In cases of willful violations, you might recover three times ($1,500) these damages per communication.

Commercial Spam v. Phishing Scams

Although often annoying and unwanted, commercial spam involves legitimate goods or services. The underlying purchase or investment is not fraudulent or unlawful. Phishing scams, on the other hand, are calls or texts designed to look like marketing communications placed for the sole purpose of obtaining your personal or financial information. The most common phishing scams often involve the following content sent via text message or through a robocall:

  • Opportunities to invest in cryptocurrency
  • UPS/USPS/FedEx package delivery notifications requesting information
  • Toll and traffic violations
  • IRS and Social Security notifications
  • PayPal/Venmo/Zelle ‘invoices’
  • Notifications from ‘Chase’ or other major banks about credit card fraud

Something is normally a phishing scam, rather than a legitimate notification, if it requests any identifying, personal, or financial information. This includes requests to provide or ‘confirm’ bank account numbers, passwords, social security numbers, addresses, or credit card information. In most cases, these are scams and not commercial spam.

Recovering Compensation from Scam Artists and Robocallers

Scammers are becoming increasingly good at mimicking legitimate companies. They often used ‘spoofed’ local phone numbers to make themselves look more legitimate, even if they are overseas. They will create fake law firms and even mock email addresses, i.e., ‘Amazonia.com’, to fool you into providing personal information. By contacting an experienced consumer protection lawyer quickly, he might help you recover actual damages for any fraud covered by the TCPA.

Contact a Dedicated TCPA and Privacy Protection Attorney Today

At the Law Offices of Jibrael S. Hindi, our consumer protection team might help you recover statutory damages for each unsolicited marketing communication or actual damages for financial losses due to phishing scams. The sooner you contact Jibrael S. Hindi online or at (844) 542-7235, the higher the likelihood he can help you recover financial compensation.