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What to Do About Unwanted Spam Texts and How to Get Paid

The best thing to do about spam texts is to check if they violate the Telephone Consumer Protection Act (TCPA), because you could be owed money for each one. Under this federal law, you may be entitled to statutory damages of $500 per illegal text, which can increase to $1,500 per text if the sender's violation was willful or knowing. The TCPA was designed specifically to protect consumers like you from the harassment of unsolicited, automated marketing communications. This means companies can't just send you promotional texts because they found or bought your number. They generally need your permission first. Knowing your rights under this law is the first step toward stopping the spam and potentially receiving significant compensation for the illegal text messages you have received.

How Federal Law Protects You From Spam Texts

The Telephone Consumer Protection Act, or TCPA, is a powerful federal law that regulates how businesses can contact you. When it comes to text messages sent to your cell phone, the rules are quite strict. For almost all marketing messages, a company must have your "prior express written consent" before they send you an automated text. This consent must be a clear and specific agreement from you, indicating that you are willing to receive marketing texts from that particular sender at that specific number. This requirement is a cornerstone of TCPA law.

This means a company cannot assume it has your permission. You having done business with them in the past is not enough. Providing your phone number for a shipping notification or an appointment reminder does not count as consent to receive marketing texts. The agreement must be explicit, such as checking a box on a web form that clearly discloses you are agreeing to receive promotional texts. Without this specific permission, any automated marketing texts they send are likely illegal.

What Makes a Spam Text Illegal?

There are two primary ways a text message can violate the TCPA and make the sender liable for damages. The first and most common violation is sending automated marketing texts without obtaining your prior express written consent. The vast majority of mass text message campaigns use an autodialer, which is technology that can store, produce, and dial phone numbers automatically. If you receive a promotional text from a business you never explicitly agreed to hear from, it is a potential violation.

Second, it is also a violation for a company to continue texting you after you have revoked your consent. You can revoke consent at any time and in any reasonable way, but the most common method is by replying "STOP". Once you send that reply, the sender must honor your request in a reasonable amount of time. Any marketing texts they send after that point are new violations, each potentially worth another $500 to $1,500. Knowing what to do about spam texts often starts with sending that simple one word reply. This article is for informational purposes only and does not create an attorney-client relationship.

How Much Money Can You Get for Spam Texts?

The TCPA sets specific penalties for violations, which is why these claims can be so valuable. For each text message that violates the law, you could be entitled to recover $500. If you can prove that the sender knowingly and willfully violated the law, such as by continuing to text you after you replied STOP, the court can triple the damages to $1,500 per text. These amounts are not per complaint, but per single violation, meaning per individual text message.

Imagine you received two illegal texts per week from a company for ten weeks. That is twenty illegal texts. At $500 each, that could amount to $10,000 in potential statutory damages. The damages can add up very quickly, turning what seems like a minor annoyance into a significant legal claim. Many law firms that handle these cases work on a contingency basis, which means you may be able to pursue a spam text lawsuit at no cost to you. You can see what companies have paid in the past by reviewing our the TCPA Settlement Tracker.

Real Examples of Illegal Spam Texts

Sometimes it helps to see what these illegal messages look like in practice. They often appear to be legitimate offers, but they are illegal if you never agreed to receive them. Here are a few common examples of texts that could be TCPA violations.

A text from an unknown lender might read:

QuickCash Lending: Your pre-approval for up to $5,000 is waiting! Don't wait, funds can be deposited by tomorrow. Visit our site to claim. Reply STOP to end.

If you never applied for a loan with QuickCash Lending or gave them permission to text you, this is a clear potential violation. The inclusion of "Reply STOP" is often a sign that the message was sent using an automated system.

Another common example is an unsolicited retail promotion:

BargainOutlet: MEGA SALE! Everything is 50% off this weekend only. Show this text at checkout for an extra 10% off your purchase! Txt HELP for help, STOP to cancel.

Unless you specifically signed up for BargainOutlet's text alerts, this message is likely illegal. The fact that it is a marketing message sent to a mass audience without your consent is the key issue. The details of marketing text without consent are important for consumers to understand.

How to Check Your Phone for Violations

Now that you know what to look for, you can actively investigate your own text message history for evidence. Many people are surprised to find multiple violations from several different companies just sitting on their phones. Finding this evidence is the first step when you want to report spam texts for compensation.

Start by opening your phone's messaging application. Use the search bar to look for common marketing keywords like "sale," "deal," "offer," "promo," "winner," "claim," and "discount." Also, be sure to search for the word "STOP," as this can reveal threads where you asked a company to cease contact. Go back as far as you can, since the statute of limitations for TCPA claims is four years.

When you find a potentially illegal text, take a clear screenshot. It is crucial that the screenshot captures the following information:

Save these screenshots in a dedicated folder on your phone or computer. The more evidence you can gather, the stronger your potential claim will be. Once you have your evidence collected, you can submit your claim for a free review.

Check Your Phone Right Now

Many illegal marketing texts contain instructions on how to opt out. Take a moment to perform this simple search on your phone.

Open your messages and search the word STOP.

This search will pull up every conversation where you were told to reply STOP or where you actually did. Each one of these threads is a potential source of a TCPA violation. If a company sent you promotional messages before getting your consent, or if they kept texting you after you told them to stop, they may owe you money. Collect screenshots of these conversations and submit them for a free case evaluation.

Submit screenshots at SpamClaims.com

Frequently Asked Questions

Is it worth it to sue for spam texts?

Yes, it is often worth it. The TCPA provides for statutory damages of $500 to $1,500 per illegal text. This means you don't have to prove you suffered any actual financial loss; the violation itself has a monetary value set by law. Because these amounts are per text, a small number of messages can lead to a substantial recovery. Furthermore, consumer protection attorneys who specialize in this area typically work on a contingency fee basis. This means they only get paid if you win your case, so there is usually no out-of-pocket cost to you. Pursuing a claim holds companies accountable and can compensate you for the annoyance and invasion of your privacy.

What counts as proof for a spam text lawsuit?

Solid evidence is critical. The most important proof is a clear screenshot of the spam text message itself. The screenshot must legibly show the sender's phone number or short code, the entire body of the message, and the date and time it was received. Your cell phone records can also serve as powerful evidence, as they provide an official log of all incoming texts, corroborating the information in your screenshots. It is also helpful to keep notes on whether you ever had a prior relationship with the business or if you remember ever providing consent.

How long do I have to file a claim for illegal texts?

The statute of limitations for filing a TCPA lawsuit is four years. This is a generous timeframe established by federal law. It means you can look back through four years of your text message history to find potential violations. This long look-back period is why it is worth taking the time to search your old messages for keywords like "sale," "deal," or "STOP." Even texts you received several years ago could be part of a valid and valuable claim today. Don't delete your messages, as they could be valuable evidence.

Can I get money for texts even after I replied STOP?

Yes, absolutely. Replying STOP is a key part of the process, and it can create two different types of claims. First, all the automated marketing texts you received before you replied STOP are potential violations if you never gave the sender prior express written consent to send them. Second, any marketing texts you received from that sender after you replied STOP are almost certainly violations of the TCPA. These post-STOP texts are particularly strong evidence because they show the company ignored a direct command to cease contact, which can be viewed as a willful violation, potentially tripling the damages to $1,500 per text.

TLDR

Submit your spam screenshots for attorney review

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