Under the TCPA, each illegal spam text can be worth $500–$1,500. If you received texts without consent, or after you texted STOP, you may have a federal claim — no proof of financial harm required.
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Federal Law — Applies to Texts Too
47 U.S.C. § 227(b)(1)(A)(iii) — TCPA
“It shall be unlawful for any person within the United States... to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice... to any telephone number assigned to a... cellular telephone service.”
Courts have consistently held that the TCPA's restrictions on autodialers apply equally to text messages sent to cell phones.
Not sure if the texts you received were automated? Look for these telltale signs — any one of them strongly suggests the texts were sent using an automated system covered by the TCPA:
Once you text STOP, the company is legally required to honor your opt-out immediately. Every text you receive after sending STOP is a separate TCPA violation worth $500–$1,500.
Read: What To Do When STOP Is Ignored →Based on $1,500 per willful violation. Each text is a separate violation. Results may vary.
Screenshot of the text thread showing sender number and content
Most important evidence in a spam text case
Timestamps on each text message
Proves when each violation occurred
Your STOP reply and any texts received after it
Proves revocation and the continued violations
Shortcode or full number the texts came from
Identifies the TCPA defendant
Any 'Reply STOP to unsubscribe' language in the texts
Admission they use automated systems
Getting Spam Texts? Let's Count Your Violations.
Each text could be worth up to $1,500. Free review. No fees unless we win.
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