Have you ever received a text message from a random, unknown number claiming to be selling something? Or maybe you’ve gotten texts that try to get your information. Perhaps you’ve also received text promotions from businesses you’ve never signed up for — often automatic, persistent, and completely ignoring your request for them to stop.
Most people delete the messages and move on, but what many don’t realize is that many of these messages violate federal law. Under the Telephone Consumer Protection Act (TCPA), both phone calls and text messages are legally required to follow strict rules designed to protect consumers from unwanted and intrusive communications.
What Is the TCPA?
The Telephone Consumer Protection Act, passed in 1991, was created to restrict telemarketing calls and the use of automated systems, or “auto dialers.” Over time, the Federal Communications Commission (FCC) and courts have confirmed that many text messages are treated the same as telephone calls and are fully subject to the TCPA.
This means businesses cannot use automated systems to send marketing or promotional texts without proper consent. The law applies to both large corporations and small local businesses — any entity that uses mass texting systems must comply.
When Are Text Messages a TCPA Violation?
A text message may violate the TCPA if it meets one or more of the following conditions:
1. Lack of Prior Consent
Businesses must obtain express consent before sending any automated or pre-recorded text messages. For marketing messages, consent must be in writing.
2. Use of Automated Systems
If a company uses software that automatically dials or texts multiple phone numbers from a database, it may qualify as an auto dialer — even if a human initiates the campaign.
3. Promotional or Marketing Content
Texts that promote a product, service, or event can only be sent with clear consent. Informational texts (delivery notices, appointment reminders, etc.) are generally allowed if the consumer provided their number for that specific purpose.
4. Ignoring Opt-Out Requests
The TCPA requires businesses to immediately honor opt-out requests, such as a reply of “STOP.” If texts continue, each message may be a separate violation.
5. Messages Sent to Numbers on the Do Not Call Registry
Marketing texts sent to numbers listed on the National Do Not Call Registry are generally prohibited, even if sent through automated platforms.
Penalties for Violating the TCPA
TCPA violations carry significant financial penalties. Consumers may recover:
- $500 per unauthorized text, or
- $1,500 per text if the violation is willful or knowing.
Because each text counts individually, large texting campaigns can lead to multi-million-dollar cases.
What Consumers Can Do
If you’re receiving unwanted or repeated marketing texts, you have options:
- Reply “STOP” to opt out
- Take screenshots or save copies of unwanted messages
- Note the sender’s number and any patterns
The TCPA gives you the power to stop unlawful communication and seek compensation.
Contact Head Law
If you’ve received unsolicited or harassing text messages from a business, you may be entitled to compensation under the TCPA. Head Law represents consumers in privacy, TCPA, and communication violation cases. We help clients stop unlawful contact and pursue financial recovery for every violation.
Contact David Head at Head Law for a consultation:
📞 Phone: 801-691-7511
Let us help you protect your privacy and enforce your rights under the TCPA.