Robocall Guide · Answers
Can I sue for spam texts?
Spam texts are treated almost exactly like robocalls under the law. If a marketer texted you without permission, or kept texting after you replied STOP, you may be able to sue and recover $500 to $1,500 per text.
Free · No obligation · About 2 minutes · No fee unless you recover
Short answer
Yes. The same law that covers robocalls, the TCPA, also covers text messages. If a company sent you marketing texts using an automated system and you never gave written permission, or it kept texting after you told it to stop, each text can be worth $500, or $1,500 if the conduct was willful. The texts stack, so a short campaign can add up to a real claim, and you keep the money.
When you can sue over spam texts
- A company sent marketing texts to your cell without your written permission.
- The texts were sent with an automated system, typical of bulk marketing blasts.
- They kept texting after you replied STOP or asked them to quit.
- Each text is its own violation worth $500 to $1,500, and they stack.
Why texts count the same as calls
When people picture a robocall lawsuit, they think of a recorded voice on the phone. But the TCPA, the federal law behind these claims, doesn’t only cover voice calls. Courts have long treated a text message the same as a call to your cell phone. So the protections you have against automated marketing calls apply to automated marketing texts too.
That means a company generally can’t blast promotional texts to your cell using an automated system unless you gave written permission first. If it does, or if you once said yes and later said stop, the texts can become violations. For a deeper look at how a text claim is built, see our guide on the spam text message lawsuit.
What makes a spam text illegal
A few things turn an annoying text into a legal claim. The most common is no consent: you never gave the sender written permission to text you marketing. Another is sending after you opted out, when you replied STOP but the messages kept coming. The law also looks at how the texts were sent; bulk marketing blasts are usually automated, which is the conduct the TCPA was written to stop.
You don’t have to prove all of these. A single text sent without your permission can be a violation on its own. And you don’t need to have been a customer of the company. Wrong-number marketing texts and texts to people who never signed up can still qualify.
What you might recover
Spam text damages aren’t tied to what the texts cost you. The law sets a fixed figure per message. Each illegal text is worth $500, and up to $1,500 if the sender acted willfully, which is common when it keeps texting after you’ve said stop. Those amounts stack, so the value of a claim grows with the number of texts.
The count matters for that reason. A handful of texts and a months-long campaign are different claims, even at the same per-text rate. Ten texts at the base amount is $5,000; if the later ones were willful, the figure climbs. None of it depends on you having lost money. The law fixed these amounts so people could act on small-dollar, high-volume violations. For the full breakdown, see how much you can get for spam texts.
How to find out, and what it costs
The honest answer to “do I have a case?” depends on the details: who texted you, what they said, whether you ever opted in, and whether you told them to stop. The fastest way to know is a free review. You forward what you’ve got, and Max Morgan, Esq., a real TCPA attorney, tells you straight whether there’s a claim worth pursuing.
If there is, he handles it on contingency: no fee unless you recover. Nothing comes out of your pocket up front, and the review itself costs you nothing. Before you reach out, do two simple things: reply STOP to the sender, and save screenshots of the texts, including the number and the dates. That small bit of prep makes it far easier to give you a real answer. Every case is different, so the only way to know what yours is worth is to ask. See whether you qualify to get started.
Related: Spam text message lawsuit · Are unsolicited marketing texts illegal? · How much can I get for spam texts? · Do I qualify?
What kind of calls are you getting?
Each of these is a real, recoverable claim under the TCPA.
Wrong-number robocalls
Prerecorded or auto-dialed calls meant for someone else. You can have a claim even though you’re not a customer.
About wrong-number robocall claimsWrong-number debt collection
Auto-dialed collection calls for a debt that was never yours. Illegal twice over, and it pays.
About wrong-number debt collection claims“Stop calling me”
You told them to stop and the calls kept coming. Each one can be a separate violation.
About claims for calls after you said stopSpam text messages
Marketing texts you never agreed to count under the TCPA too. Screenshots are often all the proof you need.
About spam text message lawsuitsDo-Not-Call violations
Registered your number and the calls didn’t stop? Continued telemarketing may entitle you to damages.
About Do Not Call violation claimsPrerecorded cell calls
Robotic or artificial-voice calls to your cell without consent are a clear TCPA violation.
About prerecorded cell call claimsMore on suing over spam texts
Can I sue for just one spam text?
Yes, a single text sent without your permission can be a $500 violation. More texts mean a larger claim, since each one stacks.
Do spam texts really count like robocalls?
They do. Courts treat a text to your cell phone the same as a call, so the same TCPA protections, and the same $500 to $1,500 per message, apply.
What if I deleted some of the texts?
Save whatever you still have. Screenshots of the messages and the sender’s number are strong evidence. A free review can tell you if what’s left is enough.
Find out in about two minutes
See if your calls are worth money.
Answer a few questions and Max Morgan, Esq. will tell you, free, whether you have a case. No cost, no obligation, no fee unless you recover.