(ELYRIA, Ohio)—Ohio Attorney General Mike DeWine today announced a settlement with a Wellington man accused of sending unsolicited and deceptive text messages to consumers nationwide.
Under the agreement, Darren C. Sizemore agrees to stop sending deceptive and unsolicited text messages, to pay $2,400 in consumer damages, and to pay a $25,000 civil penalty, of which $17,600 will be suspended upon full compliance with the agreement.
“Unsolicited text messages are a frequent source of irritation for consumers, particularly for consumers who are charged per text or who have a limited quantity of texts available in a billing cycle,” Attorney General DeWine said. “It is unfair to advertise through unsolicited text messaging when consumers are forced to absorb the cost of receiving the text. We will continue our efforts to identify businesses and individuals who violate state and federal telemarketing laws to hold them accountable.”
According to the Attorney General’s lawsuit, filed Nov. 26, 2013, in the Lorain County Court of Common Pleas, Sizemore had used an automatic telephone dialing system (auto dialer) to send unsolicited text messages to consumers nationwide, including consumers who were listed on the National Do Not Call Registry. At times, text messages were sent repeatedly to the same cell phone number.
The messages instructed recipients to visit certain websites to claim free prizes or gifts, such as iPads or iPhones, and Sizemore received compensation from third parties for driving traffic to their websites.
To receive the gifts, consumers were asked to provide personal information or to sign up for trial offers that required upfront payments or enrollment in ongoing membership programs. These requirements to claim the gifts were not disclosed in the initial text message as required by state law.
Attorney General DeWine reminds consumers that they can register their cell phone number and landline number with the National Do Not Call Registry at www.donotcall.gov or 888-382-1222. They should call from the number they want to register. Additionally, companies must obtain written consent from the consumer before sending text messages to a consumer’s cell phone using an auto dialer.
Consumers who believe they have been treated unfairly should contact the Ohio Attorney General’s Office at 800-282-0515 or www.OhioAttorneyGeneral.gov.
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Documents
Settlement (PDF)
Media Contacts
Dan Tierney: 614-466-3840
Kate Hanson: 614-466-3840