spam_texts · 6 min read

Are Spam Texts Illegal? Understanding Your Rights Under the TCPA

Yes, many spam texts are illegal. Under a federal law called the Telephone Consumer Protection Act (TCPA), sending unsolicited marketing text messages without your permission can lead to significant penalties. If a company sends you automated marketing texts you never agreed to receive, you may be entitled to statutory damages of $500 for each violation. If a court finds the company knowingly and willfully broke the law, that amount can triple to $1,500 per text. The key question is consent. Did you provide clear, written permission to receive marketing messages from that specific sender? If the answer is no, then those spam texts are likely illegal. This article will explain what constitutes a violation, how to identify them on your own phone, and what steps you can take to hold violators accountable.

What Does the Law Say About Spam Texts?

The primary law governing unsolicited text messages in the United States is the Telephone Consumer Protection Act (TCPA). Congress passed the TCPA in 1991 to protect consumers from the growing nuisance of unwanted telemarketing calls and, as technology evolved, text messages and faxes. The Federal Communications Commission (FCC) creates the rules that enforce the TCPA. At its core, the law makes it illegal for companies to send marketing messages to your cell phone using an autodialer or a prerecorded voice without your “prior express written consent.”

This consent must be clear and unambiguous. It means you must have taken an affirmative action to agree to receive marketing texts, like checking a box on a web form that is not pre-checked. A company cannot claim you consented just because you bought a product or have an existing business relationship with them. Recent updates to the law, including the New TCPA Spam Text Rules (2024), have further clarified what constitutes valid consent, making it harder for marketers to use loopholes. The purpose of this stringent unsolicited text messages law is to give you control over who can contact your personal phone.

What Makes a Spam Text an Illegal Violation?

A spam text becomes an illegal TCPA violation under specific circumstances. The most common violation is a lack of prior express written consent for marketing messages. If you receive a promotional text from a company you never gave explicit permission to text you, that message may be illegal. For example, simply providing your phone number to a cashier for a receipt does not count as consent to receive future marketing campaigns.

Another key element is the technology used. The TCPA specifically targets messages sent using an Automated Telephone Dialing System (ATDS), or what most of us call an autodialer. In practice, nearly all modern mass texting platforms used for marketing are considered autodialers under the law. Therefore, if the message is promotional and you did not consent, it is a likely violation. Furthermore, ignoring your request to opt out is also a violation. If you reply “STOP” to a text and the company continues to message you after a reasonable time to process the request, those subsequent texts are considered TCPA violations for text messages.

How Much Can You Get Paid for Illegal Texts?

The TCPA empowers consumers by providing for significant statutory damages. For each text message that violates the law, you could be entitled to recover $500. This amount is not based on any financial harm you suffered, it is a penalty set by the statute itself to deter illegal marketing practices. You do not need to prove the text cost you money or caused you emotional distress to have a valid claim.

More importantly, if you can show that the sender violated the law willfully or knowingly, the damages can be tripled to $1,500 per text. A willful violation might occur if a company continues to text you long after you replied “STOP” or if they use lists of phone numbers they know they obtained without proper consent. Because these damages apply to each individual text, a campaign of just a few illegal messages can quickly add up to thousands of dollars in potential compensation. You can explore a free spam text claim review to get $500 to $1,500 per illegal text and see if you have a case. This article is for informational purposes only and does not create an attorney-client relationship.

Real Examples of Illegal Spam Texts

It can be helpful to see what these violations look like in the real world. Many illegal texts come from industries known for aggressive marketing, like crypto, debt relief, and solar installation. Here are a few examples of messages that could be illegal TCPA violations.

An unsolicited message from a crypto platform you've never heard of:

BTC is surging! Don't miss the next bull run. Sign up for ABC Crypto today and get a $50 bonus. Click here: [link]. Reply STOP to unsub.

This is a common type of violation seen in a crypto spam text lawsuit. Another example is a company you did business with years ago suddenly sending you marketing texts:

Big news from XYZ Lending! Rates are at an all-time low. See if you can lower your monthly payment with a refi. Visit us at [link].

A third potent example is when a company ignores your opt-out request. Imagine you received a message about debt consolidation and replied “STOP.” A week later, you get this:

Quick Debt Relief: We saw you were interested in lowering your debt. This is your last chance for our 2024 program! Call now: 555-123-4567

This text received after an opt-out request is a clear and potentially willful violation of the TCPA. Many consumers have filed successful claims for spam text from debt relief companies.

How to Check Your Phone for Violations

Finding potential TCPA violations on your phone is easier than you might think. You can conduct a quick audit of your text message history to find evidence. Following these steps can help you gather the information needed to evaluate a potential claim. The first step is to open the main messaging app on your smartphone.

Next, use the search bar within the app. Search for common marketing keywords like “sale,” “offer,” “deal,” “promo,” “click,” “winner,” and “unsubscribe.” The most effective search term is often “STOP,” as it will bring up messages that included instructions on how to opt out, a hallmark of automated marketing. The goal of this search is to identify commercial messages that you do not remember signing up for.

Once you find a suspicious message, you need to document it properly. Take a clear screenshot that includes:

Save these screenshots in a dedicated folder. It is also a good practice to write down the sender's number and the date of each message. This evidence is crucial for building a strong case and figuring out how to stop illegal texts for good.

Check Your Phone Right Now

Take a moment to perform the search we just described. You may be surprised by what you find. Many people discover they have a history of potentially illegal texts sitting right on their phone.

Open your messages and search the word STOP.

This simple search will reveal marketing texts that included the legally required opt-out language. If you never consented to receive those messages in the first place, or if you replied STOP and the sender kept texting you, each of those messages could represent a $500 to $1,500 TCPA violation. You can send us your screenshots to see if you have a valid claim. Submit screenshots at SpamClaims.com.

Frequently Asked Questions

Is it worth suing for a spam text?

Yes, it is often worth pursuing a claim for an illegal spam text. The TCPA was designed so consumers can fight back without having to prove they lost money. The law sets damages at $500 per violation, which can increase to $1,500 if the violation was willful. Because these penalties are per text, a small number of messages can lead to a significant recovery. Many of these claims are handled on a contingency basis, meaning you pay no attorneys' fees unless you win. You can see from the public TCPA Settlement Tracker that companies pay millions of dollars every year to settle these allegations, both in individual and class action lawsuits.

How do you prove a text was unsolicited?

In a TCPA case, the burden of proof is not on you to prove a text was unsolicited. Instead, the burden is on the sender to prove they had your prior express written consent to text you. Companies are legally required to maintain records of this consent. If they cannot produce a clear record showing that you agreed to receive their marketing texts, the law presumes the message was unsolicited. While the burden is on them, keeping your own records, such as screenshots and notes about your relationship (or lack thereof) with the sender, can make your claim much stronger and easier to pursue.

What is the statute of limitations for filing a TCPA claim?

The federal statute of limitations for filing a TCPA claim is four years. This means you generally have four years from the date you received the illegal text message to file a lawsuit. This is a generous timeframe that allows consumers ample opportunity to discover violations and take action. However, it is always best to act sooner rather than later. Evidence can become harder to locate over time, and your own memory of events will be clearer. If you believe you have received illegal texts, it is wise to document them and seek a claim review promptly.

Can I get money for political texts?

This is a complicated area of TCPA law. Texts sent directly by a political campaign or candidate are often exempt from the TCPA’s consent requirements, particularly if they are not sent using an autodialer. However, the rules can change if a campaign hires a third-party marketing firm to send messages on its behalf using autodialing technology. In those cases, the texts may be subject to the same consent rules as commercial messages. If you receive unwanted political texts, especially those that seem like automated blasts, it is still worth having them reviewed to see if they fall under a legal exception or constitute a violation.

TLDR

Submit your spam screenshots for attorney review

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