Unwanted promotional texts can create privacy concerns and expose consumers to misleading marketing.
Certain text messages may violate the TCPA, potentially supporting statutory damages.
However, not every unwanted message qualifies.
The applicable legal provision, sending technology, consent history, and governing court decisions all matter.
When spam texts fall under the TCPA
Certain text messages are treated as calls under the TCPA's automated dialing restrictions.
A qualifying claim may arise when covered equipment is used without the required consent.
Why sending technology matters
The statutory definition of an automatic telephone dialing system is specific.
A company does not automatically violate the autodialer provision simply because it sends messages to a large contact list.
The Supreme Court clarified the importance of random or sequential number generation in its 2021 decision in Facebook, Inc. v. Duguid.
The technology involved must be evaluated.
Why consent matters
Consumers sometimes authorize marketing texts through online forms or other agreements.
Whether that permission covers the disputed messages depends on its scope and validity.
A consumer may also revoke certain consent through reasonable methods.
The applicable compliance period and any exceptions must be considered.
Calculating potential text message damages
For qualifying section 227(b) violations, the TCPA provides $500 per violation or greater actual monetary loss.
Courts may increase damages for knowing or willful misconduct.
An example involving eight messages
Eight independently actionable text messages would produce a base statutory calculation of $4,000.
The maximum enhanced calculation would be $12,000 if the court awarded $1,500 for each violation.
These figures assume liability is established for all eight messages.
Did you know? Do Not Call text claims are more complicated
Whether marketing texts support the private Do Not Call remedy under section 227(c)(5) has been disputed.
Courts have not treated every text-based claim identically.
Consumers should distinguish a potential autodialer claim from a claim based only on Do Not Call registration.
The governing jurisdiction may affect the result.
Preserving evidence of unwanted messages
Keep the original text messages and their timestamps.
Save opt-out requests and any replies.
Do not click suspicious links merely to investigate a sender.
Identifying the business responsible for the messages can be important when evaluating legal options.
Common questions around spam text penalties
Is every spam text worth $500?
No. Each message must qualify under an applicable legal provision.
Can one unlawful text support a claim?
Potentially, depending on the statutory restriction involved.
Does replying STOP guarantee a lawsuit if another message arrives?
No. Applicable revocation rules, compliance periods, and exceptions matter.
Can texts support enhanced damages?
Certain qualifying violations may support enhanced awards when the required standard is established.
Are Do Not Call text claims identical nationwide?
No. Court interpretations can differ by jurisdiction.
