When “STOP” Isn’t Enough: Pursuing Legal Action Against Spam Text Violators

If you’re like most people, you get notifications on your phone several times a day for various reasons. When unsolicited spam text messages are added to the mix, and you find yourself checking your phone more often than you need to, it can be very annoying.

Being harassed by spammers can leave you wondering, “Is it possible to take legal action against a company for sending unsolicited spam texts and calls?” The answer, in many cases, is yes. Federal and state laws, particularly the Telephone Consumer Protection Act (TCPA), protect you from unwanted telemarketing calls and text messages.

Understanding these laws and your rights is the first step in determining if you can take legal action when you’re thinking, “How do I fight back against spam texts?”  

The Telephone Consumer Protection Act (TCPA): Your Shield Against Spam

TCPA is the primary federal law that governs unsolicited text messages and calls. It strictly limits how and when companies are allowed to contact consumers. Here’s a breakdown of key TCPA provisions relevant to spam texts: 

• Prior Express Consent: For non-emergency text messages sent using an artificial or prerecorded voice, companies must get your prior consent. This consent must be clear and unambiguous. Simply providing your phone number on a website or during a transaction doesn’t automatically equate to consent for marketing texts.
• Revoking Consent: Even if you initially provided consent to receive text messages, you have the right to revoke that consent at any time. For some senders, that may be as simple as texting back “STOP” or “QUIT.” Once you opt out, the company must stop sending you text messages. 
• Penalties for Violations: Companies that violate TCPA can face significant financial penalties. For each unsolicited text message they send in violation of the law, consumers can potentially receive $500 in damages. If the company’s action is considered willful, that amount can increase to $1,500 per text message.  

In other words, TCPA gives a strong affirmative answer to the question, “Is it possible to take legal action against a company for sending unsolicited spam texts?”

Can I Get Compensation for Spam Texts?

If you’re receiving unwanted business communications on your phone, you might want to know, “Can I get compensation for spam texts and calls?” Yes, you can. The potential for financial punishment of spam offenders is a significant aspect of taking legal action against companies that send unwanted messages.

As noted previously, TCPA allows for damages of $500 per unintended violation, and that number can be tripled for intentional violations. If a company has sent you multiple unsolicited text messages, the compensation can quickly add up. 

To determine whether spam texts violate the law, it may be necessary to consider certain factors:

• Were the texts unsolicited? Did you provide prior express consent to receive the specific marketing messages from this particular company?
• Were the texts sent using an artificial or prerecorded voice? Proving that a sender used this technology can be challenging. However, when the same message is being sent to hundreds or thousands of people, that can provide a clue.
• Did you revoke your consent? If you previously consented to texts but later opted out, any subsequent texts may violate the law.

If you can answer yes to these questions, you should explore legal action that might provide compensation for spam texts and incentivize the sender to stop their illegal practices.

How Do I Fight Back Against Spam Texts?

While legal action is an excellent option and a powerful tool, there are also several steps you can take to fight back against spam texts and minimize the number of unwanted messages you receive:

• Block the sender’s number. Most smartphones have built-in features to block specific phone numbers. 
• Report spam to your mobile carrier. Forward spam texts to 7726 (SPAM) to help your carrier identify and block senders who are violating TCPA. 
• Use call-blocking and spam-filtering apps. Many third-party apps can help identify and block potential spam calls and texts. 
• Think twice before sharing your phone number. Be sure you understand how your phone number might be used before providing it on a website or form.

How Do I Report Illegal Spam Texts?

Do you feel that the messages you’re receiving violate the law? If so, you might wonder, “How do I report illegal spam texts?” Reporting spammers to your carrier and using blocking apps can help reduce future texts, but those steps aren’t the same as legal action against the sender, and they might not be as effective as working with experienced spam text message lawyers.

To pursue legal remedies, you should:

• Document everything. Record the date, time, content, and sender number of each spam text message you get and take screenshots of them. Don’t delete them from your phone.
• Identify the sender (if possible). While spam texts often come from unknown numbers, the company’s name or website is sometimes mentioned in the message. Note that information.
• Consider contacting spam text message lawyers. Attorneys specializing in TCPA violations can evaluate your case, explain your legal options, and help you pursue a lawsuit against the offending company. 

The Role of Spam Text Message Lawyers

TCPA is a powerful tool in protecting yourself from spam, but it is complex legislation. Consequently, working with spam text message lawyers is important and can help you achieve your desired outcome, including compensation and an end to unwanted marketing messages.

Spam text message lawyers can evaluate your case, help you gather evidence, and communicate with the offending company. They can also file a lawsuit and advocate for you in court.

Protect Yourself From Text Spammers

Is it possible to take legal action against a company for sending unsolicited spam texts? Absolutely. Understanding your rights under TCPA and state laws like those in Minnesota is the first step toward taking control of the situation.

Our experienced spam text message lawyers at Wanta Thome PLC can fight back against spam texts, potentially enabling you to get compensation for the intrusions. Contact us for a free initial consultation.