TEXTS GONE TOO FAR — Consumer Can Sue for Spam Texts Under the TCPA
Unwanted text messages have evolved from a mild nuisance to a serious legal issue—and under the Telephone Consumer Protection Act (TCPA), they may also be grounds for a lawsuit.
If your phone has become a battleground for robocalls, spam texts, or deceptive marketing messages, you’re not powerless. R23 Law’s California Consumer Protection Attorneys are ready to help you fight back using one of the most effective federal tools against invasive communications: the TCPA.
Yes, the TCPA Covers Text Messages—Here’s What That Means
Originally enacted in 1991, the TCPA was designed to curb unsolicited robocalls to landlines. But in 2013, the Federal Communications Commission (FCC) expanded its scope to include text messages, recognizing that automated SMS spam is just as invasive—and potentially more dangerous.
Whether it’s a telemarketer, scammer, or subscription service that never got your permission, text messages sent without prior written consent may violate federal law. That means you could be entitled to statutory damages of $500–$1,500 per message.
What Makes a Text Message Illegal?
Not every text message is unlawful. But if any of the following apply, the sender may have violated your rights under the TCPA:
You never gave written consent to receive texts
You opted out but still received messages
The texts were sent outside the legal hours (between 8 a.m. and 9 p.m.)
The message didn’t identify the sender
You received multiple unsolicited messages using an autodialer or automated system
Even if you once gave permission, the sender must still adhere to strict rules, such as giving you an easy way to opt out (usually by replying “STOP”).
Can I Really Sue Over a Few Spam Texts?
Absolutely. And in many cases, these lawsuits lead to significant financial recovery for consumers.
Under the TCPA:
You may recover $500 per illegal text
If the sender knowingly violated the law, the amount can triple to $1,500 per message
Mass texting campaigns often result in class actions with millions in liability
What seems like a minor annoyance can turn into a serious legal case—especially when you’ve been flooded with repeated, unsolicited texts over time.
What If You Agreed to a Contest or Giveaway?
Here's where things get tricky. Recent court decisions have clarified that just because you participated in a sweepstakes or online promo doesn’t mean you agreed to receive marketing texts. Prior written consent must be clear, explicit, and freely given.
If a company tries to bury consent in confusing fine print or vague language, R23 Law’s California Consumer Protection Attorneys can argue that the consent is invalid—and build a strong case for recovery.
Who Do You Sue for Illegal Text Messages?
That depends. In many cases, the company that sent the message directly is liable. But if they hired a third party to do it, that party could also be responsible.
Our attorneys investigate who’s really behind the message and pursue claims accordingly. Determining liability in TCPA claims often requires peeling back layers of corporate relationships, which is why it’s crucial to work with an experienced legal team.
TCPA Lawsuits: Still Evolving, Still Powerful
Although courts are continuously refining how the TCPA applies to text messages—especially with cases like Facebook, Inc. v. Duguid—the law remains a powerful consumer protection tool. And the FCC continues to push for new rules, including requiring carriers to block illegal text traffic before it ever reaches your phone.
Some judges may interpret the rules more narrowly, but California law also provides strong parallel protections that R23 Law’s attorneys can invoke alongside the TCPA to build your case.
Why R23 Law?
At R23 Law, we specialize in holding companies accountable for consumer privacy violations. Our R23 Law Consumer Protection Attorneys offer:
Free initial case evaluations
Contingency-based representation—you pay nothing unless we win
Expertise in federal and California consumer protection laws
A proven track record in individual and class action lawsuits
Take Control of Your Text Inbox
If you’ve received spam texts you didn’t agree to, it’s time to explore your legal options. R23 Law’s California Consumer Protection Attorneys are ready to review your case and pursue compensation for every unlawful message.
