spam_texts · 6 min read

Are Spam Texts a Crime? Your Rights Under Federal Law

While most unwanted messages are not considered a “crime” in the way we think of theft or assault, many spam texts are illegal under federal law. The Telephone Consumer Protection Act (TCPA) is a federal statute that gives consumers powerful rights to fight back against unsolicited marketing. If a company sends you automated marketing texts without your permission, they may have broken the law. Under the TCPA, you could be entitled to statutory damages of $500 for every single illegal text message. If a court finds the company knowingly and willfully violated the law, that amount can triple to $1,500 per text. The central question is not just if are spam texts a crime, but whether they are civil violations for which you can be compensated.

What Does Federal Law Say About Spam Texts?

The primary law governing unwanted calls and texts in the United States is the Telephone Consumer Protection Act (TCPA). This law was designed to protect consumer privacy from intrusive marketing tactics. Rather than making spam texts a criminal matter handled by police, the TCPA makes them a civil issue. This empowers you, the consumer, to take direct legal action against violators. You have the right to file a lawsuit and seek financial compensation for the illegal text messages you've received. This approach places the enforcement power directly into the hands of the people most affected by spam.

The core principle of the TCPA is consent. For a company to legally send you automated marketing texts, it must have your “prior express written consent.” This is a high standard that requires a clear and conspicuous disclosure informing you that you are agreeing to receive marketing messages from a specific sender. Simply providing your phone number to a business, for example when making a purchase, does not automatically grant them permission to bombard you with promotional texts. Without this specific consent, their marketing messages are likely illegal. Learning how to get $500 per spam text under the TCPA begins with understanding this consent rule.

When Does a Spam Text Become an Illegal TCPA Violation?

Not every unwanted text is a violation, but there are clear lines that companies frequently cross. A text message becomes a potential TCPA violation when specific conditions are met, primarily revolving around consent and technology. The most significant factor is the lack of prior express written consent. If you never signed up to receive marketing texts from a company, any automated promotional message they send you is a potential violation. This is true even if you have a business relationship with the company.

Another key element is the use of an automatic telephone dialing system, or autodialer. The TCPA specifically regulates communications sent using this technology. In today's market, most mass texting platforms that send marketing messages use software that qualifies as an autodialer under the law. Therefore, if a marketing text was sent from a large company without your consent, it was almost certainly sent with technology regulated by the TCPA. These TCPA violations form the basis of a strong claim for compensation.

Furthermore, a company's failure to honor an opt-out request is one of the clearest types of violations. When you reply “STOP” to a marketing text, federal regulations require the sender to cease all further texts. While the law allows a “reasonable” time for them to process the request, which is typically seen as a few business days, any texts sent after that period are new, distinct violations. Each message received after you’ve told them to stop can independently qualify for damages.

How Much Money Can You Get for Illegal Text Messages?

The TCPA provides for what are called “statutory damages,” meaning the law sets a specific monetary penalty for each violation. For each text message that violates the law, a consumer may be entitled to recover $500. This amount is not a ceiling but a baseline penalty for a single violation. If you received a series of ten illegal texts from the same company, you could be looking at $5,000 in potential damages.

More importantly, the law allows for damages to be tripled if the violation was committed “willfully or knowingly.” If a court determines a company knew it was breaking the law or showed a reckless disregard for it, the damages can increase to $1,500 per text. A common example of a willful violation is when a company continues to text you after you have clearly replied with “STOP.” Their persistence demonstrates a knowing disregard for your right to revoke consent. You can see how this plays out in real cases by looking at the public TCPA Settlement Tracker.

Because these damages can add up quickly, many companies choose to settle these claims out of court rather than risk a large judgment. These settlements can range from hundreds to thousands of dollars for an individual consumer, depending on the number of illegal texts and the strength of the evidence. This article is for informational purposes only and does not create an attorney-client relationship. If you believe you have a claim, you can submit it for a free evaluation to understand your options.

Real Examples of Spam Text Violations

Sometimes it is easier to understand TCPA violations by seeing what they look like in practice. These messages often appear harmless, but they can represent significant violations of your privacy rights. Here are a few common examples of illegal marketing texts.

Hi Sarah, it's XYZ Lending! Great news, you're pre-approved for up to $10k. Click here to claim your funds now: [link]

This message is a likely violation if Sarah never contacted XYZ Lending or gave them express written consent to send her marketing texts. It is an unsolicited commercial message sent to her private number.

ABC Deals: Our flash sale ends tonight! Get 50% off everything with code FLASH50. Don't miss out! [link] Reply STOP to unsub

This text from a retailer could be illegal if the recipient had previously replied “STOP” to a message from ABC Deals. Continuing to send promotions after an opt-out request is a clear and often willful violation of the TCPA.

ATTN Homeowner: See if your zip code qualifies for a no-cost solar panel install. Limited spots available. Visit [link] to check.

This is a classic example of an unsolicited marketing text sent without consent. The sender is fishing for leads by sending mass texts to a list of numbers, a practice that the TCPA was created to stop. Texts from these unknown senders are often the strongest cases for a claim.

How to Find Evidence of Illegal Texts on Your Phone

Your phone is a treasure trove of evidence for a potential TCPA claim. The key is to know what you are looking for and how to document it properly. Start by opening your phone’s main messaging application. Use the search function within the app to look for keywords commonly found in marketing messages.

Search for terms like “sale,” “deal,” “offer,” “claim now,” “pre-approved,” “winner,” and “unsubscribe.” Pay special attention to messages containing the phrase “Reply STOP.” This can help you quickly locate marketing texts from businesses. Also, search for messages from short codes, which are 5 or 6 digit numbers. A spam text from a short code is subject to the same rules. Look for any messages from companies you do not recognize or promotions you never signed up for. Once you find a suspicious text, it's crucial to preserve it as evidence. You should take a clear screenshot that includes:

Do not delete the messages. Save the screenshots in a dedicated folder so you can easily access them when you are ready to report spam texts and file a claim.

Check Your Phone Right Now

Many people are sitting on evidence of TCPA violations and don't even know it. You can check for potential claims in just a few seconds.

Open your messages and search the word STOP.

This simple search will show you marketing messages that include opt-out language. If you find texts from companies you never gave permission to contact you, or messages you received after you already told a sender to stop, you may have a valuable claim. Each one of those messages could be worth $500 to $1,500.

Submit screenshots at SpamClaims.com

Frequently Asked Questions

Is it illegal to send unsolicited text messages?

Yes, in many cases it is illegal. Under the TCPA, it is unlawful for businesses to send marketing text messages using an autodialer without first obtaining the recipient's prior express written consent. This means a company cannot just buy a list of phone numbers and start sending promotional content. The consent must be clear, specific, and obtained before the first message is sent. Therefore, most of the unsolicited marketing texts you receive from unfamiliar businesses are likely illegal.

What do I do if I get a spam text?

The best course of action is to not engage with the message directly, especially if you don't recognize the sender. Do not click any links, as they could lead to phishing sites or malware. Do not reply, not even with “STOP,” unless you are certain it is a legitimate business you previously interacted with, as replying can confirm your number is active. Instead, you should take a screenshot of the message, making sure to capture the sender's number and the date. Then you can block the number and submit your evidence for a free case review to see if you are owed compensation.

Can you sue for spam texts?

Absolutely. The TCPA was specifically written to give consumers a “private right of action.” This legal term means that you, as an individual, have the right to sue companies for violating the law. You do not have to wait for a government agency like the FCC to act on your behalf. This provision allows you to file a lawsuit in federal court to recover statutory damages, which are set at $500 per illegal text and can be increased to $1,500 if the violation was willful.

How long do I have to file a TCPA claim for spam texts?

The statute of limitations for TCPA claims is generally understood to be four years. This means you have four years from the date you received an illegal text message to file a lawsuit. This generous time frame allows you to look back through your message history to find and document violations that may have occurred years ago. It is always best to act sooner rather than later, but the four-year window provides ample opportunity to gather evidence and pursue a claim.

Are spam texts a crime I should report to the police?

Typically, no. While certain spam texts that are part of a fraud or phishing scheme can be criminal, the vast majority of unsolicited marketing texts are considered civil violations, not criminal offenses. This means you would not report them to your local police department. Instead, the TCPA empowers you to handle the matter through the civil justice system by suing the sender for monetary damages. You can also report the texts to the Federal Communications Commission (FCC) to help them track patterns of abuse, but a civil lawsuit is the direct path to receiving compensation.

TLDR

Submit your spam screenshots for attorney review

This article is for informational purposes only and does not create an attorney-client relationship.