spam_texts · 6 min read

Marketing Text Without Consent: How to Get $500-$1,500 Per Violation

Receiving a marketing text without consent is not just irritating, it is often illegal. Under a federal law called the Telephone Consumer Protection Act (TCPA), you have rights that protect you from unwanted sales texts. If a company sends you automated marketing messages without your permission, you may be entitled to statutory damages of $500 for each violation. Furthermore, if a court finds the violation was knowing or willful, that amount can triple to $1,500 per text. This law exists specifically to stop companies from bombarding your phone with solicitations you never asked for. Understanding how the TCPA defines consent is the first step to identifying violations and holding companies accountable for their illegal marketing practices. These unsolicited text messages can be worth real money.

The TCPA and Marketing Texts: What the Law Says

The Telephone Consumer Protection Act, or TCPA, is a powerful federal law that sets strict rules for telemarketers. For marketing text messages sent to a wireless number, the law requires a company to obtain your “prior express written consent” before contacting you using an autodialer. This is the highest standard of consent under the law, designed to ensure consumers are not tricked into receiving spam. This consent must be unambiguous, meaning you must have clearly agreed to receive marketing texts from a specific sender. It cannot be buried in the fine print of a lengthy terms of service agreement. The TCPA consent requirements are clear: the agreement must specify that you are authorizing the seller to send you marketing messages using an automated system. This article is for informational purposes only and does not create an attorney-client relationship.

What Counts as a Marketing Text Without Consent?

A violation occurs when you receive a text that both markets a product or service and was sent without your prior express written consent. The TCPA is particularly concerned with messages sent using an automated telephone dialing system (ATDS), which is technology that can store or produce telephone numbers to be called, using a random or sequential number generator. In today's world, this covers most mass texting platforms that companies use. So, what does written consent look like? It could be checking a specific, clearly labeled box on a website form, responding affirmatively to an email, or signing a document. It is not enough for a company to claim you gave them your number, they must prove you agreed to receive marketing texts specifically. If you never interacted with a company or only provided your number for a non-marketing purpose, any promotional texts they send are likely illegal marketing texts.

How Much Money Can You Get for Illegal Text Messages?

The TCPA provides for powerful financial remedies for consumers. For every single text message that violates the law, you could be entitled to recover $500 in statutory damages. If you can prove that the company sent the marketing text without consent knowingly or willfully, the law allows for damages to be tripled to $1,500 per violation. A willful violation might occur if a company continues to text you after you have clearly told them to stop, or if they have a known history of TCPA violations. These damages can add up quickly, especially if a company has sent you multiple illegal messages over a period of time. You have four years from the date of the violation to file a claim, so it is worth checking your message history. The scale of these violations is often massive, which is why you can review our TCPA Settlement Tracker to see examples of multi-million dollar class action outcomes.

Real Examples of Unlawful Marketing Texts

It can be helpful to see what these illegal messages look like in the real world. They often appear to be legitimate offers, but if you never agreed to receive them, they are potential TCPA violations. Here are a few common examples of the kinds of texts that could be worth $500 to $1,500 each.

Hey Sarah, this is Mike from ABC Solar. We're offering a 20% discount on solar panel installation in your area for the next 48 hours. Want a free quote?

GetCashNow Lenders: Your pre-approval for a $2,500 loan is waiting! No credit check required. Click here to claim your funds before the offer expires: [link]

SPECIAL OFFER: Get 50% off your first order from Fresh Meal Kits! We deliver healthy, pre-portioned ingredients to your door. Use code FRESH50. Reply STOP to unsubscribe.

Even if the message includes instructions on how to opt out, it is still a violation if the company never got your initial consent to text you in the first place. This is a common tactic used for loan offer spam texts, which are frequently illegal.

How to Check Your Phone for Violations

Your phone could be holding evidence of TCPA violations worth thousands of dollars. Finding this evidence is easier than you might think. Follow these simple steps to check your text message history for potential claims.

Check Your Phone Right Now

Many people are surprised to find out how many potentially illegal texts they have received. A quick search can reveal multiple violations.

Open your messages and search the word STOP.

This simple search often uncovers dozens of marketing texts. Many of these messages say "Reply STOP to unsubscribe," but the very fact that you received the message could be a violation. Sending a marketing text with opt-out instructions does not excuse a company from its legal obligation to get your consent first. Some companies send these messages knowing a small percentage of recipients will become customers, and they bank on the rest not knowing their rights. The law sees it differently. For more information, you can read about whether reply STOP texts are legal.

If you find messages like this from companies you never signed up to hear from, you may have a claim. Submit screenshots at SpamClaims.com.

Frequently Asked Questions

What if I accidentally gave consent?

Even if you once agreed to receive marketing texts, your consent is not permanent. You have the right to revoke consent at any time and by any reasonable means. The easiest and most effective way to do this is by replying with the word "STOP." Under TCPA guidelines, companies are required to honor opt-out requests in a reasonable amount of time, which is generally considered to be within 10 business days. After you reply "STOP," the company is typically allowed to send one final confirmation message, but any further marketing texts from them could be considered a new violation. Keep a record of your "STOP" reply and any subsequent messages you receive.

Do I need a lawyer to file a TCPA claim?

While you are legally permitted to represent yourself in a TCPA lawsuit, it is often not advisable. The TCPA is a complex federal statute with specific procedural requirements and a large body of case law interpreting its provisions. Companies that violate the TCPA often have experienced legal teams to defend them. Navigating the legal system, from filing the initial complaint to handling discovery and motions, can be overwhelming for an individual. Working with a platform like SpamClaims.com connects you with legal professionals who specialize in this area of law. They understand the nuances of proving a case and can handle the entire process on your behalf, significantly increasing your chances of a successful outcome. You can start the process by having your evidence reviewed for free when you submit a claim at SpamClaims.com.

How do I prove a company sent a marketing text without consent?

Proving your case comes down to evidence. The most crucial piece of evidence is the text message itself, which is why taking clear screenshots is so important. Your screenshot should show the sender's number, the message content, and the timestamp. The burden of proof is actually on the company to show they had your prior express written consent. If they cannot produce a record of you clearly agreeing to receive their marketing texts, they will have a difficult time defending against your claim. Your own records, such as the absence of any emails or form submissions where you agreed to receive texts, can also support your case. Simply put, save the texts.

Is it illegal to text me after I reply STOP?

Yes, it is illegal for a company to continue sending you marketing texts after you have revoked consent by replying "STOP." When you send this command, the company must add your number to their internal do-not-call list and cease sending promotional messages. The Federal Communications Commission (FCC) gives companies a "reasonable time" to honor the request, which is usually interpreted as about 10 business days. After that period, any new marketing text from that sender is a clear and often willful violation of the TCPA, potentially entitling you to the higher $1,500 penalty per message. You can learn more about your rights regarding why texts say 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.