spam_texts ยท 6 min read

What to Do About a Spam Text From a Politician

Receiving a spam text from a politician may entitle you to compensation under federal law. The Telephone Consumer Protection Act (TCPA) allows consumers to recover $500 for every illegal text message or robocall, a figure that can increase to $1,500 per violation if a court finds the sender acted willfully. Many people assume political messages are exempt from these rules, but that is a common misconception. While political campaigns enjoy some exceptions, they are not completely free to spam your cell phone. Specifically, if a campaign uses an automated dialing system to send you a text message without your prior express consent, they are likely breaking the law. These protections are in place to shield you from the exact type of robotic, unwanted communication that floods phones every election cycle. This means you have rights and potential recourse.

TCPA Rules for Political Text Messages

The Telephone Consumer Protection Act (TCPA) is the primary federal law governing unsolicited communications, including political texts. A common myth is that political speech is completely exempt from the TCPA, but the reality is more nuanced. While political organizations do not need to scrub their lists against the National Do Not Call Registry, they must still follow the TCPA's rules regarding automated technology. The law restricts the use of an "automatic telephone dialing system" (autodialer) to call or text a cellphone without receiving the user's prior express consent. This means a campaign cannot simply purchase a list of phone numbers and start blasting out automated texts.

To legally send you an automated text, a political campaign needs your permission first. This consent must be given directly by you, the recipient. For example, you might provide consent by entering your phone number on a campaign's website, signing a petition that clearly states you agree to receive texts, or texting a keyword to a campaign's short code. However, you do not give consent simply because you are a registered voter or because your number is publicly available. If a campaign texts you without this direct permission, each message could be a violation worth money.

What Makes a Political Spam Text Illegal?

Several factors can make a political text a violation of the TCPA. The most common violation involves the lack of consent combined with the use of an autodialer. If you receive a text from a campaign you have never interacted with, it is highly likely it was sent illegally using automated software. These messages often have a generic, impersonal quality and are sent to thousands of people at once. Another clear violation occurs when a campaign continues to text you after you have revoked consent. You can do this at any time by replying with words like "STOP," "UNSUBSCRIBE," "CANCEL," or "QUIT."

Once you reply STOP, the sender must honor your request in a reasonable amount of time, which the FCC generally considers to be around 10 business days. Any texts sent after that period (aside from a single confirmation of your opt-out) are new violations. For example, if you reply STOP to a campaign in September and they text you again in October, that second text is a clear, and likely willful, violation of the law. These continuing messages are strong evidence in a potential lawsuit. If you believe you have received messages after opting out, you can submit screenshots at SpamClaims.com for a free case evaluation.

How Much Are Political Spam Text Lawsuits Worth?

Under the TCPA, consumers can seek statutory damages for illegal texts. The law sets a straightforward value for each violation: $500 per text message. This amount can increase significantly if you can prove the sender's violations were willful or knowing. In such cases, a court can triple the damages to $1,500 per text. A willful violation typically means the sender knew they were breaking the law or showed a reckless disregard for it. Continuing to text someone after they've replied STOP is a classic example of a willful violation.

These damages can add up quickly. If a campaign sent you five illegal texts, you could be entitled to $2,500 in a standard case, or up to $7,500 if the violations were willful. It is important to know that class action lawsuits against political messaging firms have resulted in significant payouts, as seen in the TCPA Settlement Tracker. These figures are not just theoretical; they represent real money recovered by consumers who were tired of having their phones blown up by unwanted messages. For a deeper dive into the potential value of your claim, read our guide on how much money are spam text lawsuits worth?.

Real Examples of Illegal Political Texts

Illegal political texts can take many forms, from fundraising appeals to get-out-the-vote reminders. The content itself is less important than the method of sending and the lack of consent. Here are a few realistic examples of texts that could be TCPA violations if sent using an autodialer without your permission.

An unsolicited fundraising appeal out of the blue:

Hi this is Sarah with the Johnson for America campaign. We're just $10k short of our end-of-month goal. Can you chip in $5 to help us fight for a better future? a.abc/123

A text sent after you already opted out:

VOTE! Election Day is tomorrow. Polls are open 7am to 8pm. Make your voice heard and vote for candidate Smith! Reply STOP to end. (You previously replied STOP to this number two weeks ago.)

A peer-to-peer text from a campaign you never engaged with:

Hey John, it's volunteer Alex for the Miller campaign. Just wanted to make sure you have a plan to vote on Tuesday. We need every single vote to win this. Can we count on yours?

How to Check Your Phone for Violations

The evidence you need for a TCPA claim is likely already on your phone. Political campaigns often operate for a limited time, but the statute of limitations for the TCPA is four years, meaning old texts can still be valuable. Follow these steps to find potential violations:

  1. Open your phone's messaging app. Go to the primary screen where all your text conversations are listed.
  2. Use the search function. Search for keywords associated with politics, such as "vote," "campaign," "election," "donate," or the names of candidates. Also, search for the word "STOP" to find instances where you opted out.
  3. Look for suspicious messages. Identify texts from campaigns or political groups you don't remember signing up for. Also, look for any texts you received after you replied STOP to a specific number.
  4. Take screenshots. Capture clear screenshots of the illegal messages. Make sure the screenshot includes the full text of the message, the sender's phone number or short code, and the date and time it was received. Our guide on how to take screenshots of spam texts (iPhone & Android) can help.
  5. Document everything. Keep your screenshots organized in a dedicated folder. It is also helpful to create a simple log of the sender's number and the date of each message.

Check Your Phone Right Now

Take a moment to search your phone. The evidence you need to build a case and potentially recover hundreds or thousands of dollars might be sitting in your text history. Pay close attention to any conversation where you asked a sender to stop contacting you.

Open your messages and search the word STOP.

If you find any text messages that a brand, company, or political campaign sent you after you replied STOP, you may have a strong claim for a willful TCPA violation. Each of those messages could be worth up to $1,500. Gather your screenshots and see if you qualify to take action.

Submit screenshots at SpamClaims.com

Frequently Asked Questions

Are political text messages legal?

Political text messages are legal only under specific conditions. According to political text message laws under the TCPA, a campaign or political organization must have your prior express consent before sending you a text using an autodialer. You might give this consent by signing up on a website or texting a keyword to a campaign. However, if you receive an automated message from a politician you've never contacted, that message is likely illegal. Manually dialed, person-to-person texts are generally permissible, but most large-scale campaigns use automated systems for efficiency, which is where they often run into legal trouble.

How do I stop getting texts from politicians?

The most effective way to stop getting texts from politicians is to reply with the word "STOP." Federal law requires that senders of commercial and political texts honor these opt-out requests. Once you reply STOP, the sender should, at most, send one final message confirming your removal from their list. If they continue to text you from that number afterward, they are committing a clear violation of the TCPA. These subsequent texts are powerful evidence that the behavior is willful, which could entitle you to higher damages in a lawsuit.

Can I sue a political campaign for spam texts?

Yes, you can absolutely sue a political campaign for sending you illegal spam texts. The TCPA provides a private right of action, which means individual citizens can file a lawsuit in federal court to enforce their rights. If a campaign sent you automated texts without your consent or continued to message you after you replied STOP, you could sue to recover $500 to $1,500 per violation. Consulting with an attorney who specializes in TCPA litigation can help you understand the strength of your case. This article is for informational purposes only and does not create an attorney-client relationship.

Does the Do Not Call Registry apply to political texts?

No, the National Do Not Call Registry does not apply to political organizations. The registry was created to stop telemarketing calls from commercial sellers, and it includes specific exemptions for political calls, charitable solicitations, and informational calls. However, this does not give campaigns a free pass to spam you. The TCPA's restrictions on using autodialers to contact cell phones are separate from the Do Not Call rules. So, even though political groups are exempt from the DNC list, they must still have your prior express consent to send you an automated text.

TLDR

Submit your spam screenshots for attorney review

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