When could a spam text support a claim?
A text may deserve closer review when it advertises goods or services, was sent using covered automated technology, arrived without the required consent, or continued after you clearly withdrew consent. The FCC states that the TCPA restricts robocalls and robotexts without prior express consent unless an exemption applies.
The situation is especially important to document when a business keeps sending marketing texts after a clear opt-out such as “STOP.” The identity of the seller behind the message matters, even when the visible sending number changes.
How much could a covered violation be worth?
47 U.S.C. § 227 allows a private action for actual monetary loss or $500 for certain violations, whichever is greater. A court may, in its discretion, increase the amount for a willful or knowing violation. Whether a particular text qualifies—and whether separate violations can be counted—requires review of the facts and controlling law.
Not every unwanted text is treated the same
Messages may involve different rules or exceptions. Consent, an existing relationship, emergency content, informational messages, political messages, nonprofit communications, and individually typed messages can affect the analysis. Scam or phishing texts also raise safety concerns that may be different from a private telemarketing claim.
If a message asks for personal or financial information, the FTC recommends avoiding the link and contacting the company through a phone number or website you already know is legitimate.
What evidence should you save?
- The complete conversation. Capture the full text thread rather than one cropped message.
- Dates, times, and sender details. Keep the number or short code visible in screenshots.
- Your opt-out. Preserve the message where you replied STOP, CANCEL, END, QUIT, or otherwise withdrew permission.
- Every later message. Do not delete messages that arrived after the opt-out.
- Caller-identity clues. Save company names, domains, landing pages, offer language, and merchant information.
- Consent records. Keep forms, account settings, or messages showing whether you ever agreed to receive marketing texts.
What should you do next?
Do not click suspicious links. Preserve the evidence before blocking or deleting the sender. The FTC says consumers can forward unwanted texts to 7726, use their messaging app’s report function, and report suspected fraud at ReportFraud.ftc.gov.
Dead Ringer can organize the messages, opt-out history, sender clues, and related campaign patterns into a structured record for possible attorney review.
See whether your spam texts may be worth reviewing.
Check my spam texts →Frequently asked questions
Can I sue for spam texts?+
Possibly. The answer depends on consent, the sender, message purpose, sending technology, applicable exceptions, and the evidence available.
Do texts after STOP matter?+
They can. A documented opt-out followed by additional marketing messages may be important evidence of continued contact after consent was withdrawn.
Should I delete or block the messages?+
Preserve screenshots and the complete thread first. You can then use your device’s blocking and reporting tools. Avoid clicking unexpected links.