spam_texts · 6 min read

What to Do About Spam Texts: A Consumer's Guide to TCPA Claims

So, what to do about spam texts? The first thing to know is that you might be able to get paid for them. A powerful federal law, the Telephone Consumer Protection Act (TCPA), gives you the right to sue companies for sending unsolicited marketing text messages. Under the TCPA, you could be entitled to statutory damages of $500 for every single illegal text you receive. If a court finds that the company sent the messages willfully or knowingly, that amount can triple to $1,500 per text. The key to the law is consent. For almost all automated marketing messages, companies need your “prior express written consent” before they can legally contact your cell phone. Without that permission, those annoying spam texts are more than just a nuisance, they are potential TCPA violations.

What Does the Law Say About Spam Texts?

The Telephone Consumer Protection Act, or TCPA, is a federal law designed to protect your privacy from intrusive marketing communications. When it comes to text messages, the law is very specific. It restricts the use of automated telephone dialing systems (autodialers) to send marketing messages to your wireless number. For a company to legally send you promotional texts using this technology, it must first obtain your prior express written consent. This means you must have clearly and explicitly agreed, in writing, to receive marketing texts from that specific sender.

This consent requirement is strict. It cannot be buried in the fine print of a long terms of service document. The agreement must be conspicuous and state that by providing your number, you are agreeing to receive marketing messages. Many unwanted text messages you receive from businesses, from political campaigns to crypto exchanges, may violate this rule. This article is for informational purposes only and does not create an attorney-client relationship. The goal of the TCPA is to put you in control of who can text your phone for marketing purposes.

When Does a Text Message Become a TCPA Violation?

A text message generally becomes a TCPA violation when it contains three key elements. First, it must be a marketing message intended to sell a good or service. Second, it must be sent to a wireless phone number. Third, it must be sent using an automated system without your prior express written consent. If a message checks all these boxes, it is likely an illegal marketing text.

Another common scenario for a TCPA violation involves revoking consent. You have the right to tell a company to stop texting you at any time. Replying with the word "STOP" is a clear and legally recognized way to revoke consent. If a company continues to send you marketing messages after you have told them to stop, each subsequent text is a separate violation of the law. This holds true even if you initially gave them permission to text you. Failing to honor an opt-out request is a serious compliance failure that can lead to significant penalties.

Many consumers wonder if they gave consent without realizing it. It's possible, but the rules are designed to prevent this. To learn more about what counts as valid permission, you can read our guide on marketing text without consent. Ultimately, the burden is on the sender to prove they had the proper authorization before they started texting you.

How Much Money Can You Get for Illegal Spam Texts?

The TCPA provides for what are called "statutory damages," which means the law sets a specific dollar amount for each violation. For each text message that violates the TCPA, you may be entitled to recover $500. This amount is per violation, not per lawsuit. So, if a company sent you ten illegal texts, you could be looking at a potential recovery of $5,000.

Furthermore, the law allows for damages to be tripled if the violation was committed willfully or knowingly. This means if you can prove the company knew it was breaking the law or recklessly disregarded it, you could recover up to $1,500 per text. In the example of ten illegal messages, this would increase the potential damages to $15,000. These figures show that Congress intended for the TCPA to have real teeth and to hold violators accountable. You can see how these penalties add up by looking at real cases in our TCPA Settlement Tracker.

Real Examples of TCPA Violations

It can be helpful to see what these illegal messages look like in the real world. They often come from numbers you do not recognize and contain unsolicited offers. Here are a few common examples of what a TCPA violation might look like.

An unexpected offer from a car dealership is a frequent complaint. These often result from lead generation forms where consent was not clearly obtained, or when a dealership buys a list of phone numbers. A message like this could be a clear violation if you never signed up for it.

"Hi Alex! This is Dave from ABC Motors. We have a special 2.9% APR event ending this weekend. Are you still in the market for a new SUV? Reply YES for details or STOP to unsubscribe."

Financial offers, such as cryptocurrency promotions or loan opportunities, are another major source of spam. Many of these texts are sent to thousands of numbers at once, hoping for a few replies. This kind of blast messaging is exactly what the TCPA was designed to stop.

"URGENT: Your chance to get in on the next big crypto coin is here! XYZ Crypto just launched a new token with 100x potential. Sign up now for 50 free coins! [link]"

Finally, lead generation texts for services like solar panels, mortgages, or insurance are also common. These are often sent by marketing agencies on behalf of another company, but the company that benefits from the marketing is still typically responsible for the illegal texts.

"Good news for homeowners! See if you qualify for a zero-down solar panel installation from QRS Solar and cut your electric bill by 50%. Visit our site to get a free quote today."

How to Check Your Phone for Violations

If you are wondering what to do about spam texts, the best first step is to preserve the evidence. Your phone's message history is a potential goldmine of TCPA claims. You just need to know how to find and document them. Follow these simple steps to check your phone for potential violations right now.

First, open your messaging application. Use the search function to look for common spam keywords. Terms like "free offer," "congratulations," "winner," "claim now," or "special promotion" can help you quickly find unsolicited marketing messages. You should also search for the word "STOP," as this will show you all the conversations where you attempted to opt out.

Next, when you find a suspicious message, take a clear screenshot. It is crucial that the screenshot captures all the necessary information for a potential claim. Make sure your screenshot includes:

After taking screenshots, create a simple log or note of the sender's numbers and the dates of the messages. This will help you stay organized. Once you have gathered your evidence, you are ready to have your potential claim reviewed. You can submit screenshots at SpamClaims.com for a free and confidential evaluation by our legal partners.

Check Your Phone Right Now

One of the most powerful pieces of evidence in a TCPA case is a sender ignoring your request to opt out. You can find this evidence easily on your own phone.

Open your messages and search the word STOP.

This simple search will pull up every conversation where you've replied "STOP". Look at each one. Did the company send you even one more marketing text after you sent that message? If they did, they likely committed a clear TCPA violation. Even the initial text that caused you to reply "STOP" may have been sent illegally if you never gave the sender consent in the first place. Those messages are strong evidence, and each one could be worth $500 to $1,500. Submit screenshots at SpamClaims.com to see if you have a claim.

Frequently Asked Questions

What if I replied "STOP" and they kept texting me?

If you replied "STOP" and a company continued to send you marketing texts, you may have a very strong TCPA case. The law requires senders to honor opt-out requests within a reasonable time, which is generally considered to be no more than 10 business days. Any promotional message sent after that period is a new violation. Each of these subsequent texts can be subject to the same $500 to $1,500 in statutory damages. Be sure to screenshot the entire conversation, including your "STOP" reply and all the messages they sent afterward. This is compelling evidence that the sender knowingly disregarded your rights.

Can I sue for spam texts from a wrong number?

Yes, you absolutely can. The TCPA's consent rules are tied to the person being called, not just the phone number itself. Even if the sender had permission to text the previous owner of your number, they do not have permission to text you. When you receive a marketing text intended for someone else, the sender has contacted you without your prior express written consent. This is a TCPA violation. It is the sender's legal responsibility to ensure they are only contacting people who have agreed to receive their messages, which includes regularly cleaning their contact lists to remove reassigned numbers.

Does blocking the number help my legal case?

Blocking a number is a practical step to stop future harassment, but it does not help your legal case. In fact, it can sometimes hurt it. To build a successful TCPA claim, you need evidence, which means you need the messages themselves. If you block the number, you may no longer see the incoming messages or be able to screenshot them properly. The best course of action is to save the messages, take clear screenshots showing the content, sender, and date, and then decide whether to block the number. Preserving the evidence is the most important first step.

How long do I have to file a lawsuit for spam texts?

The statute of limitations for the TCPA is four years. This means you generally have four years from the date you received an illegal text message to file a lawsuit. While that may seem like a long time, it is always best to act quickly. Evidence can be lost, memories can fade, and companies can go out of business. By documenting violations and seeking a case evaluation promptly, you protect your rights and increase the likelihood of a successful outcome. Do not wait until the deadline is approaching to take action on your potential claim.

TLDR

Submit your spam screenshots for attorney review

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