Robocall Guide · Answers
Can I sue for a wrong-number text?
Getting marketing texts meant for a stranger is more than annoying. It can be illegal. Because you were never that company’s customer, you almost certainly never agreed to be texted, and each illegal text can be worth $500 to $1,500.
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Short answer
Yes. Wrong-number marketing or automated texts are covered by the TCPA, the same federal law that governs robocalls. If a company auto-texts you ads meant for someone else, you never consented, because you were never their customer, and each text can be worth $500, or $1,500 if the texting was willful (for example, if it continued after you said stop).
Why wrong-number texts qualify
- Texts count: the TCPA treats an automated text like a call.
- A wrong number means you never gave consent, since you weren’t their customer.
- Each illegal text can be $500, up to $1,500 if willful.
- Real, suable companies differ from anonymous scam blasts, which you report.
Texts are covered, and wrong numbers are a strong fact pattern
People are often surprised that texts fall under a law about phone calls. They do.
Now add the wrong-number twist. To send you marketing texts, a company generally needs your prior written consent, a clear written “yes.” If the texts are meant for someone else (a stranger’s account, a name that isn’t yours, an offer you never asked about), then by definition you never gave that consent. You were never their customer. That makes wrong-number texts one of the cleaner cases in this area, because the central question, “did you agree to this?”, has an obvious answer: no.
Common examples include texts confirming a stranger’s order or appointment, promo blasts addressed to someone else’s name, or “you have a balance” texts for a debt that isn’t yours.
What a wrong-number text claim is worth
The TCPA sets fixed amounts per violation, so you don’t have to prove you lost money. The law assigns the value.
- $500 per illegal text as the baseline.
- Up to $1,500 per text if the violation was willful, meaning the company knew or should have known better. Texting that continues after you reply STOP is a classic example.
- These stack. If a company blasts you repeatedly, each message is its own violation, and the total can climb fast.
Wrong-number cases have produced serious results. In Higgs v. Golden Title Loans, 385 wrong-number contacts were valued at $1,500 each, a $577,500 judgment. The math is the same for texts: the more illegal messages, the larger the claim.
Suable company vs. anonymous scam: what to do
One honest distinction decides whether you sue or report. It comes down to who’s behind the texts.
- A real, identifiable company. If the texts trace to an actual business, such as a retailer, a lender, or a service company auto-texting the wrong person, that company can be sued under the TCPA. This is where the $500-to-$1,500-per-text claims live.
- An anonymous scam blast. If the texts come from spoofed numbers or overseas scammers with no real identity, there may be no one to sue. Those are best reported, not litigated.
The practical move: don’t reply, and don’t tap any links. Replying can confirm your number is live, and links can be malicious. Instead, screenshot the message (number, text, date), and either report it if it’s an anonymous scam or get a free review if it traces to a real company. Not sure which it is? That’s what the review is for. See also spam text message lawsuits and wrong-number debt collection.
Related: Spam text message lawsuit · Wrong-number debt collection · Wrong-number robocalls · Do I qualify?
Real results, real citations
Actual TCPA recoveries Max has helped secure.
Wrong-number prerecorded debt-collection calls.
Lucas v. Synchrony Bank (N.D. Ind.)
Telemarketing to Do-Not-Call list & after opt-out.
Campbell v. Everything Breaks (D. Nev.)
385 wrong-number calls at $1,500 each.
Higgs v. Golden Title Loans (W.D. Tenn.)
Prerecorded calls to cell phones without consent.
Key v. Miracle Faith Center (N.D. Fla.)
Prior results do not guarantee a similar outcome. Every case is different.
Wrong-number text lawsuits: FAQs
Can I sue for a marketing text sent to the wrong number?
Yes, if it traces to a real company. Wrong-number automated marketing texts are covered by the TCPA, and because you were never that company’s customer, you never consented. Each illegal text can be worth $500, or $1,500 if willful.
How much is a wrong-number text worth?
Each illegal text is $500, up to $1,500 if the texting was willful, and the amounts stack across messages. A single text is a smaller claim; repeated texts or texts that continued after you said stop are worth more. A free review can estimate your specific case.
Should I reply STOP to a wrong-number text?
If it’s clearly a real company, replying STOP creates a record of your opt-out. If it looks like an anonymous scam, don’t reply at all, because that can confirm your number is active. Either way, don’t tap links, screenshot the message, and report or review it.
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