Spam text messages that break the law

When spam texts break the law

The Supreme Court has recognized that a text message is a “call” under the Telephone Consumer Protection Act. Texts may be unlawful when:

• You’re on the Do Not Call Registry and received more than one marketing text from the same company in 12 months.
• You replied STOP and the texts kept coming. Federal rules require companies to honor an opt-out made by any reasonable means, generally within 10 business days.
• The company used an automated system and never got your prior express written consent (an especially important rule under Florida law).
• The texts arrive late at night or early in the morning. Sales calls are not allowed before 8 a.m. or after 9 p.m. your time under federal rules, and Florida limits them to 8 a.m. to 8 p.m.
• The sender is a Texas telemarketer that isn’t registered with the state, or the texts break Texas telemarketing rules.

What the law allows

If a text violates the TCPA, the law sets damages of $500 per violation, and up to $1,500 if the company acted willfully or knowingly 47 U.S.C. § 227(b)(3), (c)(5). Florida Fla. Stat. § 501.059 and Texas Tex. Bus. & Com. Code § 305.053 offer similar amounts under state law.

Texts that usually don’t qualify

Not every text from a business gets paid. Texts you agreed to (until you opt out), order and appointment updates, fraud alerts, a single marketing text to a Do Not Call number, and texts from a company you recently did business with are often legal. Whether your texts qualify depends on the details, which is why we review your screenshots first.

What to do now

• Don’t delete anything. Screenshot each text so the sender’s number, date, and time show.
• Save voicemails and note the date, time, and caller ID of each robocall.
• Write down whether you ever gave the company your number, and when you replied “STOP.”
• Check your Do Not Call registration date at donotcall.gov.
• Don’t reply with anything but “STOP,” and don’t click links in spam messages.

Questions