Are Spam Text Messages Illegal? Your Rights Under the TCPA

Your phone holds your conversations with family, your banking apps, your photos. When a business floods it with marketing texts you never agreed to receive, that's more than an annoyance. In many cases, it's a violation of federal law, and the people receiving those texts can hold the sender accountable.

Are spam text messages illegal?

Often, yes. The Telephone Consumer Protection Act (47 U.S.C. § 227) requires businesses to obtain express written consent before sending promotional texts. Messages sent without that consent, or sent to numbers on the National Do Not Call Registry, can be unlawful. Some states, including Minnesota, add consumer protection laws that may apply on top of the federal rules.

What counts as a spam text?

A spam text is an unsolicited message, typically from a telemarketer, pushing a product or service you never asked about. Some are merely irritating. Others are fronts for fraud or identity theft, designed to get you to click a link or hand over personal details.

What is the TCPA?

Congress passed the TCPA in 1991 to rein in telemarketing calls, and its protections now extend to text messages. The law bars telemarketers from contacting people on the Do Not Call list without permission and requires written consent before any promotional text or advertising call goes out.

What does "express written consent" mean?

Under the TCPA, express written consent is a signed written agreement from the recipient authorizing the business to send them texts (47 C.F.R. § 64.1200(f)(9)). The consent must be freely given. Buying something from a company or giving it your number for a receipt does not, by itself, satisfy this standard.

How much can you recover for illegal spam texts?

Federal law allows recovery of up to $500 for each illegal text. If the sender acted willfully or knowingly, a court can triple that amount to as much as $1,500 per message. Because damages are calculated per text, a sustained campaign can add up quickly.

What should you do when spam texts start arriving?

Your response depends on whether you recognize who's texting you.

1. Register with the Do Not Call Registry. Sign up at donotcall.gov. It's free, run by the Federal Trade Commission, and lets you confirm whether your number is already listed.
2. Reply STOP or QUIT to businesses you know. That's a clear opt-out. If messages keep coming, sending it a second time is fine.
3. Ignore unknown senders entirely. Answering a scammer confirms your number is active, which can lead to more messages or get your number passed along to other bad actors.
4. Screenshot everything. Preserve the messages before you delete anything.

Do you have to be on the Do Not Call Registry to bring a claim?

Not always. Registration strengthens a TCPA claim because it shows you didn't want telemarketing contact, and skipping it can narrow your options. But a valid claim can still exist without it, particularly where the sender never had your written consent in the first place.

How do you protect your personal information from text scams?

Treat every unsolicited text as a potential scam, even one that looks legitimate.

• Never reply with anything other than STOP or QUIT, even if the sender follows up with questions.
• Keep financial details, passwords, income, employment information, and your Social Security number out of text messages entirely.
• Don't tap links, including ones that claim to unsubscribe you. A malicious link can compromise your phone and expose your accounts.
• Be wary of unsolicited calls too. They frequently come from the same operations sending spam texts.

What evidence supports a spam text lawsuit?

A strong case rests on a clear record. Collect:

• Screenshots of each unwanted text, with dates visible
• The phone numbers or short codes the messages came from
• Any replies you received from the marketer
• Proof of your opt-out attempts, such as the STOP messages you sent
• Confirmation of your Do Not Call Registry status

Why do spam text cases often become class actions?

Companies that send illegal texts rarely target one person. They send the same messages to thousands of numbers. A class action lets everyone affected by the same practice pursue compensation together, which is more efficient than separate lawsuits and puts real pressure on large-scale senders.

Do Minnesota laws protect against spam texts?

Minnesota's consumer protection laws can work alongside the TCPA. When a spam text contains false or misleading claims, those state laws may open additional paths to relief beyond federal damages.

Talk to Wanta Thome about unwanted texts

Wanta Thome brings class actions against companies that send unlawful spam texts, representing consumers in Minnesota, Illinois, Wisconsin, and across the country. If you've been receiving texts you never agreed to, contact us for a free consultation.