Does a text message meet the written notice requirements? That depends on whether or not you’re dealing with a contract, which specifies how notices to be given most of your commercial contracts, provide that it is to be sent by United States postal service or overnight delivery. Some of them provide that it can be done via email with an email address. I would, I haven’t seen any cases where in there talking about whether a text is the equivalent of an email, I would think that that would be, should satisfy that. Although the contract is somewhat specific and also you would need to verify that they in fact received the notice. If it’s pursuant to statute, I have only seen this brought up one time and it was on a County court decision. It had to do with the landlord tenant and whether or not a text was sufficient as far as notices concern and the court held the detects was the equivalent of written notice.
So I don’t know that we’ve had, I haven’t seen any other decisions, uh, by the courts as far as whether a text is sufficient written notice. I think the biggest factor, if you have to litigate the issue, as far as statutes are concerned, as whether in fact the person received the notice and you had core staff have a screenshot to present it into evidence and have them acknowledge it or return it. And then that would be up to the judge to determine whether that’s they did in fact receive actual notice and the text would be sufficient to give written notice pursuant to a statute or a contract. You are welcome to give me a call or the one I’ll know I have any answers for you at (727) 847-2288.