spam_texts ยท 6 min read

Got Spam Texts From a Crypto Exchange? You May Be Owed Statutory Damages

If you received a spam text from a crypto exchange, you may be entitled to compensation. Under a federal law called the Telephone Consumer Protection Act (TCPA), you could collect between $500 and $1,500 for each illegal text message. The cryptocurrency market is famous for its aggressive, fast-paced marketing, but these tactics often cross a clear legal line. Many exchanges and related services use automated systems to send promotional texts about new coins, account alerts, or trading opportunities to huge lists of phone numbers. If you received these crypto marketing texts without giving clear, prior permission, the sender may have broken the law. The core issue is consent, and consumers have powerful rights to fight back against unwanted electronic marketing.

What Does the TCPA Say About Crypto Spam Texts?

The Telephone Consumer Protection Act is a federal law designed to protect consumers from harassing and unwanted telemarketing. For marketing text messages, the rules are very strict. A company, including a crypto exchange, must have your "prior express written consent" before sending you promotional texts using an automated telephone dialing system (ATDS). This means you must have clearly and explicitly agreed, in writing, to receive marketing texts from that specific sender. A checkbox buried in a long terms of service document that you scrolled past might not be enough to count as valid consent.

More importantly, the burden of proving that you gave consent falls on the company, not on you. If a crypto platform cannot produce a clear record of your agreement to receive marketing texts, every message they sent you could be a violation. These rules apply even if you have a pre-existing business relationship, such as an account with the exchange. The consent for marketing must be separate and unambiguous. This article is for informational purposes only and does not create an attorney-client relationship. If you believe you have received illegal messages, documenting them is the first step toward asserting your rights.

What Counts as an Illegal Crypto Text?

Several scenarios can make a text from a crypto company illegal under the TCPA. The most common violation involves sending promotional messages to individuals who never provided consent in the first place. If you've never heard of the exchange that texted you, or if you only provided your number for security alerts and not marketing, those texts are likely illegal. Unsolicited crypto messages promoting a new token, a staking opportunity, or a trading bonus are prime examples of potential violations when sent without permission.

Another clear violation occurs when a company continues to text you after you have opted out. Federal Communications Commission (FCC) rules state that consumers have the right to revoke consent at any time and by any reasonable means. Replying with words like "STOP," "UNSUBSCRIBE," or "QUIT" is a universally accepted method to opt out. If the crypto exchange ignores your request and keeps sending you messages, each text sent after you opted out constitutes a new and separate violation. The law is clear that are spam texts illegal? TCPA fines & your rights are well-defined, and ignoring consumer opt-outs is a serious breach.

How Much Money Can You Get for Crypto Spam?

The TCPA provides for powerful statutory damages to compensate consumers and deter illegal marketing. For each text message that violates the law, you could be entitled to recover $500. This amount can increase significantly if the violation was committed willfully or knowingly. If a court finds that the crypto exchange knew it was breaking the law or recklessly disregarded it, the damages can be tripled to $1,500 per text. This applies to situations where a company, for example, knowingly texts people who never consented or continues to text numbers after receiving a "STOP" command.

These damages can add up quickly. Imagine you received ten illegal marketing texts from a single crypto company. You could potentially recover between $5,000 and $15,000 in statutory damages. Companies that engage in widespread illegal texting campaigns often face class action lawsuits that result in multi-million dollar payouts. You can see examples of these outcomes on the TCPA Settlement Tracker. These significant penalties exist to ensure that companies respect consumer privacy and follow the crypto text message laws established to protect you.

Examples of Illegal Crypto Exchange Spam Texts

Sometimes it helps to see what these violations look like in practice. The content can vary, but the lack of consent is the unifying factor. Here are a few examples of spam texts that could potentially lead to a TCPA claim.

BitRocket Exchange: Hot new listing! $MEGATOKEN is up 200% in 24hrs. Don't miss the moonshot. Trade now: [link]

This message is a classic promotional text. If you received this from "BitRocket Exchange" without ever having signed up for their marketing alerts, it is likely a violation. The exchange would need to prove that you gave prior express written consent to receive marketing messages like this one.

CryptoGainz Alert: Your account needs attention. Verify your wallet to continue trading. Click here: [link]

This message is tricky because it could be a phishing scam disguised as a security alert. Even if it is from a legitimate exchange you use, if the purpose is to get you to log in and engage with promotional material, it could be considered marketing. If you only consented to transactional texts (like login codes) and not marketing, this may cross the line.

You have been unsubscribed from CoinVerse marketing. Reply START to join again.

This text might seem compliant, but what if it's the first message you ever received from "CoinVerse"? Or what if you received it days or weeks after you originally texted STOP? A confirmation text must be sent immediately. If they sent it long after the fact, or sent you other messages in between, they could be in violation.

How to Check Your Phone for TCPA Violations

Many people delete spam texts out of habit, but you might have evidence of TCPA violations sitting on your phone right now. Taking a few minutes to check your message history could be financially worthwhile. Follow these simple steps to find potential evidence for a claim.

First, open the main messaging application on your smartphone. Use the search bar at the top of the app to look for keywords related to cryptocurrencies. Try searching for terms like "crypto," "coin," "exchange," "BTC," "token," "wallet," or the names of any exchanges that have texted you.

Second, look for any promotional messages from senders you do not recognize or for which you do not recall giving consent. Pay special attention to any conversations where you replied "STOP" but continued to receive messages. This is a very strong form of evidence. The rules around marketing text without consent are designed to protect you from this exact behavior.

Finally, document everything. When you find a potentially illegal text, take a clear screenshot. Make sure the screenshot captures the full message content, the sender's phone number or short code, and the date and time the message was received. Do not delete these messages. Save this information in a secure place, as it is crucial evidence for building a potential TCPA claim.

Check Your Phone Right Now

Here is a simple action you can take immediately to find potential violations from any company, not just crypto exchanges.

Open your messages and search the word STOP.

This search will show you every conversation where you tried to opt out of marketing messages. If a company sent you even one more promotional text after you sent that command, they may have violated the TCPA. Even the initial text that contained instructions like "Reply STOP to unsubscribe" can be illegal if you never agreed to receive it in the first place.

Submit screenshots at SpamClaims.com

Frequently Asked Questions About Crypto Spam Texts

Can I sue for a single spam text from a crypto company?

Yes, absolutely. The TCPA allows for statutory damages on a per-violation basis. This means a single illegal text message can be the basis for a claim of $500, or up to $1,500 if the violation was willful. While damages for one text may seem small, the principle is important for holding companies accountable. Furthermore, many people who receive one spam text often find they have received others from the same or different companies, and these violations can add up to a significant amount. An attorney can help evaluate your case, even if it starts with just one message.

What if I signed up for a crypto exchange but don't remember agreeing to texts?

This is a very common situation. The responsibility to prove you consented rests entirely on the company that sent the text. Under the TCPA, for marketing messages, they must be able to show they obtained your "prior express written consent." This consent must be clear, conspicuous, and not buried in the fine print of a long legal document. If you simply provided your phone number for two-factor authentication or account security, that does not count as consent to receive crypto marketing texts. If they cannot produce a record of your specific consent, their messages may be illegal.

Are crypto text scams the same as TCPA violations?

They are related but distinct issues. A crypto text scam's primary goal is to defraud you, often through phishing links designed to steal your account information or cryptocurrency. A TCPA violation, on the other hand, is about the act of sending an unsolicited marketing text without your permission, regardless of whether the content is fraudulent. However, the two frequently overlap. Almost every fraudulent crypto text is also a TCPA violation because criminals do not get consent. Filing a TCPA claim allows you to take legal action against the sender for the illegal contact itself, separate from any fraud.

How long do I have to file a claim for a spam crypto text?

The statute of limitations for the TCPA is four years. This means you have four years from the date you received the illegal text message to file a lawsuit. This generous timeframe allows consumers to look back through their phone's history to find and document violations that they may have dismissed or deleted at the time. Because many people receive multiple spam texts over months or years, it's important to save evidence as soon as you spot it. If you've been getting crypto texts for a while, it is wise to act sooner rather than later to ensure your claims are not barred by time. You can find out if you have a valid case when submitting a claim is free and easy.

TLDR

Submit your spam screenshots for attorney review

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