spam_texts · 6 min read

How to Handle Illegal Marketing Texts and Claim Compensation

Illegal marketing texts are more than just an annoyance; they can be a violation of federal law that entitles you to compensation. Under the Telephone Consumer Protection Act (TCPA), you could recover $500 per violation, and up to $1,500 if the sender knowingly broke the law. This law specifically targets the use of automated technology to send unsolicited text messages to your cell phone without your permission. The key to the law is consent. For nearly all automated marketing messages, companies must have your “prior express written consent” before they text you. If they contact you without it, or continue to contact you after you’ve told them to stop, you may have a valid claim. Understanding these rules is the first step toward protecting your privacy and potentially collecting statutory damages for the harassment.

What Makes Marketing Texts Illegal Under Federal Law?

The primary law governing unwanted texts is the Telephone Consumer Protection Act (TCPA). This federal statute places strict rules on how businesses can contact consumers via text message, particularly when they use automated technology. An illegal marketing text is typically one sent using an autodialer system without first obtaining the recipient's prior express written consent. The TCPA was designed to protect consumers from the nuisance and invasion of privacy caused by a flood of unsolicited marketing communications.

At its core, the law focuses on two key elements: the technology used and the consent provided. If a company uses an Automatic Telephone Dialing System (ATDS) to send texts from a list of numbers, it triggers the TCPA's strictest requirements. These rules are why you should be skeptical of any marketing message you don't remember signing up for. Many unsolicited text messages fit this description, making them a direct violation of federal law and grounds for a consumer to take action.

Understanding Prior Express Written Consent

One of the most important concepts in the world of TCPA text message rules is "prior express written consent." This is not a vague standard. It means a company must have a clear, written agreement from you that authorizes them to send you specific marketing text messages. This consent cannot be hidden in the fine print of a long terms and conditions document for an unrelated service. Instead, the disclosure must be conspicuous and state clearly that you are agreeing to receive marketing messages sent with an autodialer and that your agreement is not a condition of purchasing any goods or services.

For example, checking a box on a website form that clearly says, "I agree to receive promotional texts from XYZ Company at this number" would likely count as valid consent. However, simply providing your phone number to a cashier to receive a digital receipt does not count. The burden of proof is on the sender; they must be able to produce a record of your consent if challenged. Many companies fail to meet this high standard, which is why so many consumers have strong cases for filing an automated text message lawsuit.

How Much Money Can You Get for Illegal Marketing Texts?

The TCPA provides for specific financial penalties, known as statutory damages, for each violation. For every illegal marketing text you receive, you may be entitled to recover $500. This amount can increase to $1,500 per text if you can prove that the sender violated the law willfully or knowingly. A willful violation often occurs when a company continues to text you after you have explicitly told them to stop, as it demonstrates a conscious disregard for your rights and the law.

These damages can add up quickly. If a company sent you ten illegal texts, you could be looking at a claim worth $5,000 to $15,000. It is important to act in a timely manner, as the statute of limitations for TCPA claims is four years from the date of the violation. For a comprehensive look at what companies have paid in the past, you can review our TCPA Settlement Tracker for information on class action cases. This article is for informational purposes only and does not create an attorney-client relationship.

Real Examples of Potential Violations

In practice, illegal marketing texts often look like legitimate offers, but they are sent without your permission. It is crucial to recognize the patterns of non-compliant messages to understand if your rights have been violated. Here are a few common examples of texts that could be illegal.

An unsolicited offer from a company you have never done business with:

Mega Deals: HOT SUMMER SALE! All electronics 50% off for the next 24 hours only. Click here to shop now: megadeals-promo. Txt STOP to end.

A message from a lender you never contacted, which is a common source of complaints:

Quick Cash Loans: You're pre-approved for up to $2,500! No credit check required. Get your cash today at quickcashnow.xyz. Reply HELP for info. Reply STOP to cancel.

A company continuing to text you after you have already opted out:

Fresh Style Box: Don't miss out! Your exclusive offer is about to expire. We've picked out new styles just for you! See them here: freshstyle.co/mybox

How to Check Your Phone for Violations

Many people have evidence of TCPA violations sitting in their message history without realizing it. Taking a few minutes to search your phone can uncover potential claims. Follow these simple, concrete steps to gather the proof you might need to seek compensation for illegal marketing texts.

First, open the main messaging application on your smartphone. Use the search bar, which is usually at the top of the screen, to look for keywords commonly found in marketing texts. Good terms to search for include "STOP," "unsubscribe," "sale," "deal," "offer," and "winner." This search will help you quickly locate text threads from marketers. As you review the results, look for messages from companies you don't recognize or messages that continued after you replied with STOP.

If you find a suspicious message, it is vital to preserve the evidence properly. Follow this checklist:

Once you have this information, you can submit it for a free case evaluation to see if you have a claim.

Check Your Phone Right Now

Taking action starts with a simple step that you can do this very minute. It is the most effective way to find potential evidence hiding in plain sight.

Open your messages and search the word STOP.

This single search will show you every conversation where you have tried to opt out of marketing communications. If a company sent you even one more marketing text after you replied STOP, they may have committed a willful violation of the TCPA. Each of those subsequent messages could be worth $1,500. Gather your screenshots and see if you have a case.

Submit screenshots at SpamClaims.com

Frequently Asked Questions

Can I sue for getting unwanted text messages?

Yes, you can sue companies for sending unwanted text messages under the TCPA. The law gives you a private right of action, which means you can file a lawsuit to recover damages. To have a successful claim, you typically need to show that the sender used an autodialer to send you marketing texts and that they did not have your prior express written consent. Even if they had consent at one point, you can sue if they failed to honor your request to opt out. The statutory damages of $500 per violation, which can be tripled to $1,500 for willful violations, make pursuing a claim worthwhile for many consumers who are tired of the constant interruptions.

What is considered a marketing text message?

A marketing text message is any message sent to your phone where the primary purpose is to advertise or promote a commercial product or service. This includes texts containing sales announcements, discount codes, special offers, invitations to purchase goods, or links to a commercial website. The Federal Communications Commission (FCC) defines this broadly as any message that encourages the purchase or rental of property, goods, or services. This is different from purely informational or transactional messages, such as appointment reminders or shipping notifications. Those types of messages have a lower standard of consent, but if a message has a dual purpose that includes marketing, it must meet the higher "written consent" standard.

How do I prove a text was sent illegally?

Proving a text was sent illegally involves documenting several key pieces of information. The most important evidence is a clear screenshot of the message itself, showing the content, the sender's phone number, and the date and time it was received. This establishes the violation occurred. To prove it was sent using an autodialer, which is often a requirement, your attorney can use the legal discovery process to request technical records from the sending company. Proving a lack of consent is often simpler, as the burden falls on the company to produce a valid record of you opting in. If they cannot, the consent element is satisfied in your favor.

Does the TCPA apply to political or non-profit texts?

Yes, but with some key differences. The TCPA's strictest rules, like the requirement for prior express written consent for autodialed messages, are aimed at commercial marketing texts. Texts from political campaigns and non-profit organizations are generally exempt from this specific rule, meaning they do not need the same level of consent to contact you. However, they are not completely unregulated. They must still honor opt-out requests, so if you reply STOP and they continue to text you, they could still be in violation of the TCPA. Additionally, all senders, including non-profits, are prohibited from calling or texting numbers listed on the National Do Not Call Registry, with some exceptions.

TLDR

Submit your spam screenshots for attorney review

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