A recent national study suggests that nearly 75% of cell phone users who send and receive text messages have been targeted by unsolicited or “spam” texts, often promoting products or services. These texts are not only annoying but also raise the question: Are unsolicited texts illegal? The answer largely depends on the nature of the text and whether the sender had the legal right to contact you.
Federal Protection Against Unsolicited Texts
In the U.S., consumers are protected from unsolicited text messages by the Telephone Consumer Protection Act (TCPA), a Federal law enacted in 1991. The TCPA prohibits companies from sending unsolicited texts to personal cell phones unless they meet certain conditions. Under the TCPA, unsolicited texts are illegal unless:
- The text message is sent for emergency purposes, or
- The recipient has given express consent to receive such messages.
If a company violates these conditions and sends spam texts without your permission, the TCPA allows consumers to seek statutory damages of up to $1,500 for each unsolicited text message. This law was designed to protect individuals from intrusive and unwanted communication, including spam texts, robocalls, and faxes.
For more detailed information on the TCPA, visit the FCC’s official page on the TCPA.
Legal Cases Involving Unsolicited Texts
There have been several high-profile legal cases where companies were held responsible for sending illegal unsolicited texts. For example, in November 2012, a Federal District Court in Washington allowed a class action lawsuit to move forward against Papa John’s International, Inc. after unsolicited commercial texts were sent on behalf of the pizza chain. The court ruled that Papa John’s could face up to $250 million in statutory damages for spam texts sent to customers nationwide without their consent. This case serves as a prime example of how unsolicited texts are illegal and can lead to significant legal consequences.
Similarly, in 2008, Timberland Company and GSI Commerce, Inc. reached a $7 million settlement for sending unsolicited spam text messages to consumers. As part of the settlement, affected consumers received $150 cash payments.
In 2010, a lawsuit against Simon & Schuster for sending unsolicited commercial text messages promoting a novel was reinstated by the Ninth Circuit Court of Appeals, with potential damages exceeding $90 million. Each class member who received these illegal texts could be awarded $175.
More recently, in 2012, Heartland Automotive Services, the largest Jiffy Lube franchisee, faced a class action lawsuit over unsolicited texts, resulting in a settlement that could reach $47 million. This case highlights the significant financial risks companies take when they fail to comply with the TCPA.
What Should You Do if You Receive Unsolicited Texts?
If you’ve received unsolicited texts and are wondering whether unsolicited texts are illegal, the answer is often yes, especially if you never gave permission to be contacted. You have rights under the TCPA to seek compensation for these violations.
For further reading on the legalities of spam texts, visit:
FCC on Unsolicited Texts and Robocalls
If you have received an unsolicited or “spam” text message, please contact one of our experienced lawyers at Audet and Partners, LLP, for a free consultation to learn more about your rights. You can request a free consultation by submitting our confidential inquiry form or call 800-965-1461.
