spam_texts · 6 min read

Can Companies Text You Without Permission? Your Rights Explained

The short answer is no, in most cases, companies cannot text you without permission for marketing purposes. The Telephone Consumer Protection Act (TCPA) is a federal law that sets strict rules for how businesses can contact you. For marketing messages sent to your cell phone using an automatic telephone dialing system, a company needs your “prior express written consent.” Without it, each unwanted text could be a violation worth money. Under the TCPA, you may be entitled to recover $500 for each illegal text and up to $1,500 if the company sent the message knowingly or willfully. This means that a history of unwanted messages from a single company could add up to a significant claim. The key is understanding what constitutes valid consent and what to do when your rights are violated.

What Does the Law Say About Unsolicited Texts?

The primary law governing unsolicited text messages in the United States is the Telephone Consumer Protection Act (TCPA). This law was designed to protect consumers from the nuisance and privacy invasion of unwanted telemarketing. When it comes to texts sent to your mobile phone, the TCPA is very clear, especially for promotional or marketing content. For a company to legally send you marketing texts using an autodialer, they must have obtained your prior express written consent. This isn't a vague requirement; it means you must have agreed in writing (an email, a website form checkbox, or a text reply can count) to receive promotional messages from that specific company.

Simply giving a company your phone number when you buy a product or sign up for a service is not enough to constitute consent for marketing texts. The consent must be unambiguous and clearly state that you are agreeing to receive marketing messages. Additionally, the company cannot make your consent a condition of purchasing goods or services. These strict TCPA consent rules are in place because text messages are sent to highly personal devices, and consumers shouldn't have their privacy invaded by advertisers they never agreed to hear from. Violating these rules can lead to serious financial penalties for the offending company, and compensation for you. For a deeper dive on this, you can read about why it is illegal to send spam texts.

What Counts as a Violation of TCPA Consent Rules?

A violation of TCPA consent rules occurs anytime a company sends you a marketing text using an autodialer without having your prior express written consent. This can happen in several common scenarios. The most obvious violation is receiving purely promotional texts from a company you have no relationship with and have never interacted with. This often happens when companies buy or sell lists of phone numbers, a practice that generally does not transfer consent. So, if a company you've never heard of texts you about a great deal, it's very likely an illegal marketing text.

Another clear violation happens when you revoke your consent but the company keeps texting you anyway. Replying “STOP” to a marketing text is a legally recognized way to withdraw consent. The company is required to honor that request within a reasonable period, typically no more than 10 business days. Any marketing text they send after that is a new violation. Furthermore, even if you did consent at one point, that consent is not a blank check. It applies only to the company you gave it to and for the purposes you agreed to. This article is for informational purposes only and does not create an attorney-client relationship.

How Much Money Can You Get for Illegal Text Messages?

The TCPA empowers consumers by allowing them to seek statutory damages for each violation. For every single text message that violates the law, you could be entitled to recover $500. This amount is set by the statute and does not require you to prove any specific financial loss. The harm is the invasion of your privacy and the nuisance of the unwanted contact itself. These damages can accumulate quickly, as each illegal text counts as a separate violation.

More importantly, the TCPA includes a provision for enhanced damages in cases of willful or knowing violations. If you can show that a company knew they were breaking the law, or recklessly disregarded it, the court can triple the damages to $1,500 per violation. A classic example of a willful violation is a company that continues to text you after you have clearly told them to stop by replying with the word “STOP”. The continued messages demonstrate a clear disregard for your rights. With a four-year statute of limitations for filing TCPA claims, a pattern of illegal texts over time could lead to substantial compensation. Cases like these are common, and you can see many examples on the public TCPA Settlement Tracker.

Real Examples of Violations

Sometimes it can be hard to tell a legitimate message from a potential TCPA violation. Here are a few examples of text messages that could be illegal and may entitle you to compensation if you never consented to receive them.

ABC Solar: Final notice! Your state's green energy credits are about to expire. Lock in your savings now and get a free quote for solar panel installation. Click here to see if you qualify: [link]

This kind of message is a classic, unsolicited marketing text. If you never contacted ABC Solar or agreed to receive their marketing, this text is likely a TCPA violation.

XYZ Vapes: Hey! HUGE 4th of July sale starts now at XYZVapes.com. Get 30% off all e-liquids and devices with code JULY30. Don't miss out! Txt STOP to end.

Unless you specifically signed up for marketing alerts from this vape shop by checking a box or texting a keyword, this qualifies as an illegal marketing text. The fact that it includes a STOP instruction does not excuse the lack of initial consent.

Patriot Pulse: The upcoming election is critical for our values. We need your support to fight for freedom. Please consider a donation to our campaign today: [link]

Political text messages are also covered by the TCPA. Unless you previously opted in to receive texts from this specific campaign or committee, this unsolicited message could be a violation.

How to Check Your Phone for Violations

Your phone could be holding evidence of TCPA violations worth hundreds or even thousands of dollars. The good news is that finding this evidence is straightforward. Follow these simple steps to check your phone for potentially illegal text messages.

First, open your primary messaging application. Use the search bar at the top of the app to look for common spam and marketing keywords. Good terms to search for include “sale,” “offer,” “free,” “winner,” “claim now,” “congrats,” and, most importantly, “STOP.” This will quickly surface messages from businesses, many of which may have been sent without your permission.

Next, as you scroll through the search results, look for messages from companies you don’t recognize or marketing messages you don’t remember signing up for. When you find one, take a clear screenshot. A good screenshot is crucial evidence and should show:

Finally, make a note of the sender's number and the date you received the message. Preserve the screenshots in a dedicated folder or album on your phone. Once you have collected your evidence, you can submit it to SpamClaims.com for a free case evaluation to see if you have a valid claim.

Check Your Phone Right Now

Ready to see if you have a claim? It only takes a minute to check for the most common type of evidence.

Open your messages and search the word STOP.

This simple search will show you every conversation where you were either instructed to reply STOP or where you actually did reply STOP to end messages. Texts from companies that include the phrase “Reply STOP to unsubscribe” might be illegal if they never got your consent to text you in the first place. Even more importantly, if you found conversations where you did reply STOP and the company texted you again, each of those subsequent texts could be a willful violation of the law, potentially worth $1,500 each.

If your search turns up messages like these, you may be entitled to compensation. Take screenshots and submit screenshots at SpamClaims.com.

Frequently Asked Questions

What is considered consent for text messages?

Under the TCPA, there are different levels of consent. For purely informational messages, such as a fraud alert from your bank or a flight status update, “express consent” is often sufficient. This can be implied when you provide your number in a business context. However, for marketing and promotional text messages sent using an autodialer, the standard is much higher. The law requires “prior express written consent.” This means you must have affirmatively agreed, in writing, to receive marketing texts from a specific sender. This agreement must be clear and conspicuous, and it cannot be buried in fine print or made a condition of a purchase. A common example is checking a box on a website form that clearly states you are agreeing to receive promotional texts.

Can I sue a company for texting me without permission?

Yes, you absolutely can. The TCPA includes a private right of action, which means an individual consumer can sue a company for violating the law. If a company sends you autodialed marketing texts without your prior express written consent or continues to text you after you've revoked consent, you have grounds to file a lawsuit. The law provides for statutory damages of $500 per violation, which can be increased to $1,500 per violation if the company’s actions were willful or knowing. Filing a claim not only can result in financial compensation for you but also holds companies accountable for their illegal marketing practices, helping to protect other consumers from similar harassment.

How do I prove a company texted me without permission?

Proving that a company texted you without permission is a two-part process. First, you must establish that they texted you. The best evidence for this is a clear screenshot of the message on your phone, showing the sender’s number or short code, the content of the message, and the date and time stamp. You should also preserve the message itself. Second, the burden of proving consent falls on the company. In a legal dispute, the business that sent the text must produce a record showing that you agreed to receive their marketing messages. If they cannot produce a valid record of your prior express written consent, their case becomes very weak. Your role is primarily to document the texts you received.

What happens if I reply STOP to a spam text?

Replying “STOP” to a spam or marketing text is a legally binding action that revokes any consent you may have previously given. Once a company receives a STOP request, it is legally obligated to cease sending you marketing texts. They are allowed to send one final, confirmatory text stating that you have been unsubscribed. Any marketing texts sent after that confirmation (or after a reasonable time to process the request) are new, separate violations of the TCPA. These subsequent texts are often considered “willful” violations, which can increase the potential damages from $500 to $1,500 per text. You can learn more about your rights after you reply STOP.

TLDR

Submit your spam screenshots for attorney review

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