How to Sue Spam Texters

December 11, 2020

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.

  • 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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