Omar Bennett
Unsolicited text messages are illegal and can result in significant fines for businesses. The Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act are key federal laws regulating text message marketing. The TCPA defines spam text messages as any unsolicited advertisement that promotes a product, good, or service without the recipient's prior express approval. FCC rules require a caller to obtain written or oral consent before making an autodialed or pre-recorded call or text to a wireless number. To avoid receiving unsolicited texts, individuals can use call-blocking tools or report the sender by forwarding the text to 7726 or SPAM.
| Characteristics | Values |
|---|---|
| Status of unsolicited texts | Illegal |
| Regulatory authority | Federal Communications Commission (FCC), Telephone Consumer Protection Act (TCPA), CAN-SPAM Act |
| Applicable to | Businesses, consumers |
| Requirements for businesses | Obtain appropriate levels of consent, make it clear who they are in each message, make it easy to opt out, text during reasonable hours |
| Requirements for consumers | File a complaint with the FCC, forward the text to 7726 (SPAM), report on the messaging app |
| Penalties | Fines ranging from $500 to $1,500 per message, lawsuits, loss of privacy |
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What You'll Learn
Unsolicited texts are illegal
Unsolicited text messages are illegal. The Telephone Consumer Protection Act (TCPA) and its amendments regulate marketing phone calls and SMS messages. The TCPA was first signed into federal law in 1991 after technology advanced to the point that automated spam calls became a significant problem. The Federal Communications Commission (FCC) determined that spam calls were becoming dangerous and impeding actual communication.
The TCPA prohibits the use of automated dialing systems and prerecorded voice messages to send marketing texts without prior express consent. It also bans the practice of contacting people for marketing purposes without their consent. Companies must obtain the informed consent of customers to whom they want to send SMS messages, make it clear who they are in each message, and make it easy for customers to stop receiving messages. This consent must be obtained in writing via a physically signed agreement, a digitally signed agreement, or an SMS opt-in.
Violations of the FCC's rules and the TCPA can result in significant fines for businesses. The FCC can impose fines of up to $43,280 per violation, while the TCPA allows consumers to sue businesses for up to $1,500 per text message sent in violation of the Act. Fines for sending unsolicited text messages can start at $500 per infringement and reach as high as $1,500. Depending on the situation, consumers may be able to take legal action against the spam texting company.
If you are receiving unsolicited texts, you can report the sender by forwarding the texts to 7726 (or "SPAM"). Campaigns should also honor opt-out requests if you reply "STOP." You can also file a complaint with the FCC if you believe you have received an illegal text or if you think you are the victim of a spoofing scam.
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Report unsolicited texts by forwarding to 7726
Unsolicited text messages are illegal. According to the FTC, sending unsolicited commercial messages without the recipient's prior permission is unlawful. This also applies to messages sent from an auto-dialler that randomly selects phone numbers.
If you receive an unsolicited text, you can report it by forwarding it to 7726 (which spells SPAM on a phone keypad). This number is designated by the Global System for Mobile Communications (GSMA) to report spam text messages.
Here's how to report an unsolicited text:
- Open the message thread containing the spam message.
- Long-press the specific message you want to report.
- Tap the "Forward" option.
- Type 7726 in the "To" field.
- Send the message.
You will receive a response from 7726 asking for the number that sent the spam message. Reply with the number, and it will be marked as spam. This service is available in several countries, including Canada, the United States, and the United Kingdom.
Additionally, many messaging apps have built-in block and report features that you can use to prevent unwanted messages.
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Unsolicited texts can be spam or scams
The TCPA also bans several other practices, including contacting people for marketing purposes without their consent, using autodialers to contact people without their consent, and using artificial or prerecorded voice messages without consent. Political, charitable, financial, educational, and healthcare organizations are exempt from these rules in specific circumstances, but businesses must comply when marketing or risk hefty fines. These fines can be significant, ranging from $500 to $1,500 per message, and are intended to emphasize the need for businesses to respect consumers' privacy and comply with legal requirements.
If you are receiving unsolicited texts, you can report the sender by forwarding the texts to 7726 (or "SPAM"). You can also file a complaint with the FCC if you believe you have received an illegal text or if you think you are the victim of a spoofing scam. It is important to be aware of potential scams and never to give out personal information in response to unexpected texts or if you are suspicious.
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Businesses sending unsolicited texts can face fines
Unsolicited text messages are a violation of consumer rights. The Telephone Consumer Protection Act (TCPA) and its amendments regulate marketing phone calls and SMS messages. The TCPA was first signed into federal law in 1991 after technology advanced to the point that automated spam calls became a significant problem. The Federal Communications Commission (FCC) determined that spam calls were becoming dangerous and impeding actual communication.
The TCPA prohibits the use of automated dialing systems and prerecorded voice messages to send marketing texts without prior express consent. Businesses must obtain appropriate levels of consent from consumers before sending marketing text messages. The TCPA defines spam text messages as any "unsolicited advertisement" that communicates the commercial availability of a product, good, or service to a person without their prior express approval or permission, whether in writing or otherwise.
Violations of the FCC's rules and the TCPA can result in significant fines for businesses. The FCC can impose fines of up to $43,280 per violation, while the TCPA allows consumers to sue businesses for up to $1,500 per text message sent in violation of the Act. Fines for sending unsolicited text messages can range from $500 to $1,500 per message, emphasizing the need for businesses to comply with legal requirements.
To avoid fines, businesses must obtain express consent before texting anyone. Even if a person has opted into a business's email list and the business has their phone number from a signup form, this does not mean the individual consents to receive text messages. The consent obtained must contain explicit language indicating that the individual agrees to receive recurring marketing messages at the mobile phone number they provided, that the business may use an automatic telephone dialing system or "autodialer," and that consent is not a condition of any purchase. Consent must be obtained in writing via a physically signed agreement, a digitally signed agreement, or, most commonly, an SMS opt-in.
If a business violates these rules, it could face fines of a minimum of $500 per text per recipient. Consumers can fight back against unsolicited texts by suing the sender on behalf of the FCC. In this case, the plaintiff is eligible to receive the money for which the company was fined.
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Consumers can sue businesses sending unsolicited texts
Unsolicited text messages are a violation of consumer rights. The Telephone Consumer Protection Act (TCPA) regulates all forms of phone-based marketing communication. It specifically bans practices such as contacting people for marketing purposes without their consent, using autodialers to contact people without their consent, and using artificial or pre-recorded voice messages without consent.
The TCPA defines spam text messages as any "unsolicited advertisement" that communicates the commercial availability of a product, good, or service to a person without their prior express approval or permission, whether in writing or otherwise. According to the Federal Communications Commission (FCC), it is illegal to send unsolicited commercial text messages to consumers without their prior express consent.
If you are receiving texts that you didn’t ask for, you can report the sender by forwarding the texts to 7726 (or "SPAM"). Campaigns should also honor opt-out requests if you reply "STOP." If you think you've received a political robocall or text that does not comply with the FCC's rules, you can file an informal complaint with the FCC.
Violations of the FCC’s rules and the TCPA can result in significant fines for businesses. The FCC can impose fines of up to $43,280 per violation, while the TCPA allows consumers to sue businesses for up to $1,500 per text message sent in violation of the Act. Consumers who sue using the TCPA can be awarded actual damages or $500 per text – and triple that if the texter knowingly and willfully violated the TCPA.
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Frequently asked questions
Yes, unsolicited texts are illegal. Unsolicited text messages are considered a violation of your legal rights. The Telephone Consumer Protection Act (TCPA) regulates all forms of phone-based marketing communication and bans practices such as contacting people for marketing purposes without their consent.
The purpose of text message laws is to protect consumers from spam, fraud, and unwanted messages from businesses and unauthorized senders. Text message laws also help individuals maintain their right not to be bombarded with unsolicited marketing messages from companies without providing some form of consent.
Violations of text messaging laws can lead to fines ranging from $500 to $1500 per message. The Federal Communications Commission (FCC) can impose fines of up to $43,280 per violation, while the TCPA allows consumers to sue businesses for up to $1,500 per text message sent in violation of the Act.
To stop receiving unsolicited texts, you can file a TCPA lawsuit against the spam texters. It is recommended to seek legal help from a lawyer who specializes in consumer protection to help you hold the text sender accountable for interrupting your privacy.
