spam_texts · 6 min read

What to Do About Spam Texts and How to Get Paid For Them

The most effective thing to do about spam texts is to determine if they violate federal law, which could make you eligible for financial compensation. Under the Telephone Consumer Protection Act (TCPA), you may be entitled to collect $500 for every single illegal text message a company sends you. If a court finds the company knowingly and willfully violated the law, that amount can triple to $1,500 per text. The key to these protections is consent. For most marketing messages, companies must have your prior express written consent before they can legally send you automated texts. If you are receiving unwanted promotional texts from a business you never agreed to hear from, you may have a strong case for compensation. Understanding your rights is the first step toward stopping the spam and holding violators accountable.

What Does the Law Say About Spam Texts?

The primary law governing spam texts in the United States is the Telephone Consumer Protection Act (TCPA). This federal statute was enacted to protect consumers from the nuisance of unsolicited calls and messages. For modern marketing, the TCPA places strict rules on how companies can contact you on your cell phone. The most critical rule involves consent. A business cannot legally send you marketing texts using an autodialer unless it has obtained your “prior express written consent.” This means you must have taken a clear, affirmative action to agree to receive marketing messages from that specific company, such as checking a box on a web form that was not pre-checked. A company cannot use a preexisting business relationship as an excuse to start sending you unsolicited text messages with ads or promotions. This article is for informational purposes only and does not create an attorney-client relationship.

How Do I Know if a Text is an Illegal Violation?

Determining if a message is one of the many illegal text messages that violate the TCPA involves looking at a few key factors. The first and most obvious sign of a violation is receiving a marketing text from a company you have never interacted with. If you do not recognize the sender and the message contains an advertisement, offer, or coupon, it was likely sent without your consent. Another major red flag is when a company continues to text you after you have explicitly told them to stop. Replying with the word “STOP” is a legally recognized way to revoke consent, and businesses are required to honor that request in a reasonable time. If the messages keep coming, each one sent after your opt-out request could be a separate violation. Finally, the technology used matters. The TCPA specifically regulates messages sent using an auto dialer for text messages, which is how businesses can send thousands of texts at once.

How Much Money Can You Get for Spam Texts?

One of the most powerful aspects of the TCPA is that it provides for statutory damages, which means the law sets a specific dollar amount for each violation. For each text that violates the TCPA, you could recover $500. This amount can increase to $1,500 per message if you can prove the sender violated the law willfully or knowingly. A willful violation might occur, for example, if a company continues to send you marketing texts for weeks after you replied “STOP.” Each of those subsequent texts could be valued at the higher, $1,500 amount. Because you have up to four years to file a claim, these damages can add up significantly over time. Many people who decide to report spam texts for money find they have dozens of potential violations saved on their phones.

Real Examples of Illegal Text Messages

Sometimes, seeing a real-world example can help you identify violations on your own phone. These messages often seem harmless, but they may represent a clear breach of the TCPA if you did not consent to receive them. The specific company names are less important than the content and context of the message.

Here is an example of a message from a company you have no relationship with:

ABC Lending: John, you're pre-approved for a $10,000 loan! Rates are at an all-time low. Visit our website at abclending-offers.com to claim your funds. Reply STOP to end msgs.

This next example shows a violation that occurs after a consumer has already revoked consent:

FitBox Subscriptions: Don't miss out! Your 25% OFF coupon for our new snack box expires tonight. Use code FIT25 at checkout! (Sent on Tuesday) YOU: STOP (Sent on Tuesday) FitBox Subscriptions: Last chance! Our biggest sale of the year ends in 3 hours. Get your FitBox now and start your health journey! (Sent on Friday)

Finally, here is an example of a vague offer from a spam text from a short code you do not recognize:

555-22: Congrats! You've won a $100 gift card. Click here to choose your store: legit-prizes.net/claim

How to Check Your Phone for Violations

Now that you know what to look for, you can perform a quick audit of your own text message history. The evidence you need to build a potential TCPA claim is likely already sitting on your phone. Open your messaging app and use the search function to look for common spam keywords like “offer,” “winner,” “free,” “approved,” “discount,” or “sale.” Pay close attention to any messages from businesses you don't recognize or numbers you’ve previously told to stop contacting you. If you find a suspicious message, do not delete it. Instead, take a clear screenshot of the entire conversation. A useful screenshot should include:

Save these screenshots in a dedicated folder. This evidence is crucial if you decide to pursue a claim. You can submit your evidence to SpamClaims.com for a free evaluation.

Check Your Phone Right Now

Many illegal marketing texts contain instructions on how to unsubscribe, but that does not make the original message legal. In fact, it can be a key piece of evidence.

Open your messages and search the word STOP.

This simple search will pull up every conversation where you have tried to opt out of messages or where a sender has provided instructions to do so. If a company texted you after you replied STOP, you may have an especially strong case. Likewise, if you see messages from companies you never gave permission to, those could be violations worth $500 to $1,500 each. Gather your screenshots and see if you have a claim.

Submit screenshots at SpamClaims.com

Frequently Asked Questions

Is it worth suing over a spam text?

Yes, it can be absolutely worth it. While a single spam text might seem like a minor annoyance, the TCPA was designed to make it financially viable for consumers to fight back. The statutory damages of $500 to $1,500 per message mean that compensation can add up quickly, especially if you have received multiple texts from the same company. Furthermore, you do not have to take on a large corporation by yourself. Many TCPA claims are handled on a contingency basis, meaning you pay no upfront fees, and attorneys' fees are taken from any settlement or award. Platforms like SpamClaims.com streamline the process of evaluating and submitting your case, making it easier than ever to hold spammers accountable.

Does replying STOP make things worse?

This is a common myth. Some people worry that replying “STOP” only confirms their number is active, inviting more spam. While this might be true for illegal, bad-faith scammers operating completely outside the law, it is not the case for legitimate (or even careless) businesses trying to operate in the United States. For any company subject to U.S. law, replying “STOP” is a legally binding command to cease messaging. Failing to honor your request is a clear violation of the TCPA and creates powerful evidence for your case. Therefore, you should always reply “STOP” to any unwanted commercial messages.

What is the difference between spam and illegal texts?

While the terms are often used interchangeably, there is a legal distinction. “Spam” is a broad, informal term for any unwanted communication, including emails and texts. However, a message being “spam” does not automatically make it illegal. A text becomes an “illegal text” when it specifically violates a law like the TCPA. This usually involves two key elements: the message is a form of marketing, and it was sent using an automated system without your prior express written consent. You can see many examples of companies that have paid significant sums for sending illegal texts by viewing the TCPA Settlement Tracker.

Can I get money for political spam texts?

Generally, it is much more difficult to get money for political texts compared to marketing texts. The rules under the TCPA are different for political messages. While marketing texts require “prior express written consent,” non-marketing messages like political outreach or informational alerts only require “prior express consent,” which is a lower standard that does not need to be in writing. This consent can often be implied simply by you having provided your number to a campaign or organization in the past, such as by signing a petition. Because of this lower legal standard, political messages are often exempt from the TCPA's damages provisions unless they are also trying to sell something.

TLDR

Submit your spam screenshots for attorney review

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