How to Sue Spam Texters

How to Sue Spam Texters

Unwanted text messages can be both annoying and expensive. If you have had it and want to stop unwanted text messages, help is available. The federal Telephone Consumer Protection Act (TCPA) provides consumers with a private right of action. This means that you can sue spam texters. A consumer attorney can help you exercise your rights under the TCPA, typically at no out-of-pocket cost to you. That’s because TCPA attorneys usually take cases on a contingency basis. In other words, they don’t get paid unless you win.

If you’re tired of trying to block cell phone texts, you do have options. Remember, under the law you can recover up to $1,500 per violation of the TCPA. Keep in mind that you can complain to the Federal Communications Commission or your state Attorney General about spam texts to your cell phone. If enough people complain, they will investigate and maybe even take a company to court. The chances are slim, however, that you’ll ever see a dime. That’s why the TCPA gives you the right to sue in federal court.

Here’s how to know if you have a case:

Do You Have a Spam Text Case?

Suing spam texters – and receiving up to $500-$1500 per unwanted text – is possible if you’ve experienced any one of these situations:

  • You received an unwanted commercial text on your wireless device, and you haven’t given permission to the company to send you texts and you don’t have an existing business relationship with that company.
  • You received a text that did not provide you with an automatic opt-out mechanism.
  • You opted out but are still receiving texts.
  • Your mobile device is registered on the national Do-Not-Call list.
  • The text you received was sent by an autodialer.

Do not delete and keep accurate records of the numbers that have texted you, along with screenshots, dates, times, and information about the company or texter. This kind of evidence may improve the likelihood of your lawsuit’s success.

Visit Our Spam Text Resource Center

Texts from Debt Collectors?

A U.S. Supreme Court decision in Mims vs. Arrow Financial Services said that a debt collection agency could be sued in federal court over violations of the TCPA. Consumers who sue using the TCPA can be awarded actual damages or $500 per text – and triple that if the texter knowingly and willfully violated the TCPA. The Supreme Court decision paves the way for many more consumers to stand up for their rights in federal court, as opposed to only being able to seek redress through state courts. This means that it’s much easier for consumers to get justice when it comes to unwanted text messages.

Your Right to Sue Text Spammers

In addition to reporting do not call violations and TCPA violations to governmental authorities and the Better Business Bureau, you have the right to sue commercial texters who violate the law. If your experience is similar to any of the circumstances on our Text Messaging Spam Checklist, you may be able to take the texter to court and recover up to $500 per text, or triple that if it can be proven that the advertiser violated the law willfully and knowingly.

If your rights have been violated, complete the form to the right or call our office at 475-277-2200 for a free, no obligation case evaluation.

28 COMMENTS
  • CHRISTINE B

    I recieve several text messages or calls from spammers. Ive been resgistered on THE DO NOT CALL LIST for years now. I continually block them and they just call using a different number. Im fed up ive saved many many messages. Please help me if thats possible. My name is Christine B*** and please text message me as i dont answer unknown numbers. Thank you.

  • Johnny M

    Hi. I get daily text messages for E.D. erectile distinction I guess and lado CBD. How do I go baiut it. I have blocked the numbers but still come through. It seems like numbers are from other states.
    Thank you

  • Noëlle

    Text messages from a government party that I have never agreed to and I have also sent too replies which does not do any good, they will send more for all different numbers

  • Debbie n

    I’ve been getting a text for 2 years many times a week asking to buy a house I never owned and calling me Gary my name is not gary. I keep telling them they have the wrong phone number and I keep putting stop and I keep blocking them but they keep coming on and on and on. What can I do?

  • Victoria

    I am getting texts for my mother who passed away 18 months ago. Many from Dr. Oz. I am on do not call list. Have tried to text stop but I get an alert saying I can’t text back or something like that. They come 7 days a week and all hours of they day. When I am sleeping at 2am. It seems some are starting to get thru the blocker now. I think they are hacking and using legitimate phone numbers. This is ridiculous! Everyday I am reminded my mother has passed. I want to punch them in the throat!

  • April W

    Dailey I get multiple texts and phone calls from spam, and all getting textes stating that my phone is going to be shut down due to too many spam texts. I don’t even answer my phone anymore cause it is all spam. I block and I text stop, but it keeps on going on. I am on the do not call list have been for years, and I also have a prepaid at&t phone. This is getting to my nerves bad. And I miss very important phone calls cause I’m thinking it’s a spam call. This is been going on for a very long time. Thanks April

  • Kayla

    I have had a weird number message me with spams , even though I have sent a reply back with “stop” and it has happened a few times from the same number . I have been taking screenshots as well.

  • John W

    I’m ready to sue. These text came at a vulnerable time in my life. It looks like the scammer created a website with a job offer that sounds great then a landing page to collect all interested parties information. Somehow everyone that filled out the landing page has been combined together, 10 numbers each from all states in a group chat. ANNOYING! I WANT TO SUE UNDER TCPA OR FTC, FCC

  • Lisa

    I receive these spam text(s) all the time too and until I saw someone on TikTok suggestion to “of course don’t click on the links they send” and to type STOP and keep for your records the actual text so that you can report them. I get them at varies time everyday. And yes they’re very annoying. I don’t want to get into getting a lawyer but what else can you do? IT HAS TO STOP — HELP!!!

  • Sarah

    Sexual emails. People somehow knowing where I shop sending I’ve won this or that but half places I shop I’ve never given my number or email so obviously they know I go but don’t know I didn’t sign up for *** so yeah it’s my phone carrier selling me the *** out so I guess I’ll sue smart talk

  • gulfcoast

    I am getting spam texts on a prepaid non-smart phone that was originally a landline number I transfered to a cell phone many years ago. I am on the Do Not Call list. Yesterday I got yet another spam text from some idiot pretending they were a ‘local real estate investor’ wanting to ‘make an offer on your house today!’. Only when I typed in FU did the name of the business come up, as did some text spam program called EZTEXTING.com. That company allowed the spammer to make up a fake ‘local’ number to spam me and mask their true location, which I have traced back to North Carolina. I just submitted a complaint with the NC Dept. of Justice for this spammming. I get 3-4 unwanted texts a week from losers wanting to buy my house in Florida (that I LIVE in) for pennies on the dollar. They are bottom feeder flipper wannabes and some of the texts are menacing as well as annoying. My number is not on any property owner site, they have to search property records and then search also on my name to get my personal info. I am sick of having to ‘opt out’ of crap I never ‘opted in’ to in the first place. My house is not for sale, has never been for sale since I owned it (20 years now) and some jackhole pretending to be ‘local’ to me when he is in fact a few states away and using a spam company to mask his identity (so he thought) just really makes me angry and at this point I’m filing complaints against all of these cretins and encourage anyone getting texts like this to do the same. Fight back against the constant garbage stream.

  • Geeta D

    I keep receiving unwanted spam text messages,no matter how much times I responded “STOP ” I still keep receiving them from a different address.I am registered on the Do not call registry since 2013.These text are bothersome, disruptive,disturbing and at times gets me frustrated.

  • Donna

    Why are so many spam text show signs that they are trying to break into my phone? I read a few rules and it appears that the spammers are really trying to steal, information. I have lost a few old email accounts not because I asked but weirdly enough it’s pretty obvious.

  • Eric

    The amount of spam calls and texts I receive on a weekly basis is staggering! I am currently considering a class action lawsuit against my carrier as I really see no other recourse. These spammers use different numbers each time so blocking them is useless. If anyone happens to click on any of the shady links contained in the texts they risk having their phone invested with malware or worse, having their identify stolen and bank accounts drained. The carriers know this is a problem but do little to curtail it from happending.

  • Yolanda C

    I keep getting text messages from different numbers saying I need to update my address that Walmart has a package ready to ship I have no idea what the heck their talking about I haven’t ordered nothing from Walmart and I block them and send stop and they still text from another number also from UPS and FedEx about a package

  • Jacquelyn S

    I actually keep receiving emails from a company that I was in the process of making two orders ,however I stopped in the middle of the order because I found out the company was fraudulent, yet I continue to receive 2 yo 4 emails daily from this company reminding me about completing the order I had previously stopped and so it has been around 6 months and still going.

  • Natasha

    I’m not going to reply stop.. Why should i? I didn’t ask for the text so I’m not responding back. I am on the donot call list . Do I still have a case?

  • Gregory a

    Spam text. Phone calls and emails

  • Dan W

    I am already a bit disappointed in your service. I sent information on a spam text a couple of days ago, and haven’t heard back from anyone. I have several numbers that have left me unsolicited text messages, and no ‘opt out.’

  • Barry

    If I get a spam text that I didn’t ask for, and they say that if I tell them to stop it they can charge my account for it. Is that true because I never asked for them to do that in the first place…

  • Maria

    I keep getting spam texts , I have told them tl stop and this morning again told the tl stop or Id sue them , and they ???? at me. What can I do as they have changed the number after I blocked a few numbers ?

  • KP

    Are political texts able to be sued? I keep getting spam texts asking who I’m voting for, and they always call me the wrong name and tell me I’m on a publicly available list when I complain. When I say STOP, they tell me I won’t receive texts from their particular group, but that other political (same party) affiliated groups may continue to text me (which they do).

  • L. B

    I keep getting text messages asking me if I am interested in selling a house I have never owned, and not lived in for yrs. I have responded to the text explaining this and even called requesting for the texts to stop. Still getting text messages. No opt out option. Really annoying. PLEASE HELP!

  • Joseph C

    Keep getting spam texts from cbd oil websites. I’ve never looked into cbd oil. I’ve replied stop on multiple occasions and I even went to the website and called to be removed from their illegally gotten call list. My # has been registered for years on the DNC (do not call) list.

  • Euravine M

    I receive multiple text Messages per day, I reply stop and delete the number and, they text me the same message from another number. Sometimes I get the same message at the same time, but different numbers.

  • Giahiannia C

    I keep getting these text from different telephone numbers I don’t know but when I go to opt out that link is not working. I send stop, end, or quit and they just send it using a different number!

  • Bret

    The ones that allow you to opt out, are not so bad. It is the ones who send messages several times per day, have no phone number, and their complaint forms fail to send. THESE are the people I want a piece of!

  • Robert M

    I get several spam text messages weekly, it’s time to get this to stop, and at least make a few $$ along the way. Please advise if you can and are willing to help. Thanks.

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