Simone Lawson
Text messages are considered transactions and are covered under the Telephone Consumer Protection Act (TCPA). Under the TCPA, sending spam text messages is illegal and can result in fines of $500 per infringement, and up to $1,500 per willful violation. Spam texts are any unwanted messages sent from an individual or company, often containing irrelevant, inappropriate, or untimely content. They are often sent to a large number of recipients, but this isn't a necessary qualification — any unsolicited commercial message can be classified as spam.
| Characteristics | Values |
|---|---|
| Legality of sending unsolicited text messages | Illegal |
| Legality of sending unsolicited commercial text messages | Illegal |
| Legality of sending unsolicited commercial text messages from an auto-dialer | Illegal |
| Legality of sending unsolicited text messages with prior relationship | Legal |
| Legality of sending unsolicited text messages with prior consent | Legal |
| Penalty for sending unsolicited text messages | $500 to $1,500 per text message |
| Action to be taken if you receive an unsolicited text message | Report to FCC |
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What You'll Learn
Spam texts are illegal
While texting random numbers may not be illegal, sending spam texts is. Spam texts are unsolicited messages sent without the recipient's consent. They often contain irrelevant, inappropriate, or untimely content and are usually sent to a large number of people.
Under the TCPA (Telephone Consumer Protection Act), sending spam text messages is illegal and can result in hefty fines. The TCPA, which came into force in 1991, covers the use of automated telephone communications, including text messages. The law defines spam text messages as any "unsolicited advertisement" that promotes a product, good, or service without the recipient's prior express consent. Fines for violating the TCPA can start at $500 per infringement and reach as high as $1,500 for willful violations.
To avoid violating the TCPA, it is crucial to obtain express consent from recipients before sending them text messages. This consent must be given in writing, either through a physically or digitally signed agreement or, more commonly, an SMS opt-in. An SMS opt-in is when a user provides their number, understanding that they will receive text messages. It is also important to provide a simple way for recipients to opt out at any time, such as by replying "STOP" to unsubscribe from text messages.
Spam texts are often sent by scammers trying to defraud individuals or steal their personal and financial information. These messages may contain links to spoofed websites that appear legitimate but are designed to trick people into divulging their passwords, account numbers, or Social Security numbers. By gaining access to this information, scammers can compromise email and bank accounts or sell the information to other scammers. Therefore, it is essential to be cautious when receiving text messages from unknown senders and never to provide personal or financial information in response.
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Consent must be obtained
While there is no explicit mention of texting random numbers being illegal, there are laws in place that govern the sending of unsolicited text messages. Under the Telephone Consumer Protection Act (TCPA), it is illegal to send unsolicited commercial text messages to individuals without their prior express approval or permission, whether in writing or otherwise. This means that consent must be obtained from the recipient before sending any text messages, especially those containing commercial content.
The TCPA defines spam text messages as any "unsolicited advertisement" that promotes the commercial availability of a product, good, or service without the recipient's prior consent. Violating this law can result in hefty fines ranging from $500 to $1,500 per infringement, with some settlements reaching tens of millions of dollars. To avoid these penalties, it is crucial to obtain consent from recipients before sending them text messages.
Consent can be obtained in several ways, including a physically or digitally signed agreement, but the most common method is through an SMS opt-in process. In this process, the recipient provides their phone number, understanding that they will receive text messages. A confirmation message is then sent to verify the number and obtain explicit consent to receive future messages. It is important to note that a single consent cannot be provided to multiple brands or organizations; consent must be obtained specifically for each company sending the messages.
Additionally, it is essential to provide an easy and automated way for recipients to opt out of receiving further messages at any time. This can be as simple as including instructions to reply "STOP" to any text message they send. By providing a clear and simple opt-out mechanism, companies can ensure they are respecting the recipient's wishes and maintaining compliance with the law.
In summary, while there may be no explicit mention of texting random numbers being illegal, the key factor is obtaining consent from the recipient. Without consent, sending unsolicited text messages, especially those with commercial content, can lead to legal consequences under the TCPA. Therefore, it is crucial to prioritize obtaining consent and providing an opt-out mechanism to stay compliant and respect the privacy and preferences of individuals.
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Scams and spoofing
While texting random numbers is not illegal, scammers often send fake text messages to trick people into giving away their personal and financial information. This is known as a "wrong-number scam" and has become a common way for scammers to target people.
In a typical wrong-number scam, the scammer sends out batches of eye-grabbing but innocuous texts that appear to be sent to the wrong number. These messages are designed to get the recipient to respond, at which point the scammer will strike up a conversation and try to build a relationship. Eventually, they will try to persuade the recipient to invest in fake cryptocurrency or give away other sensitive information, such as their Social Security number or credit card details.
Scammers may also try to trick people into clicking on links in text messages, which can lead to spoofed websites that look real but are not. If the recipient logs in, the scammer can steal their username and password. These links may also install harmful malware on the recipient's phone, which can be used to track their keystrokes and access personal information such as passwords and financial details.
To protect yourself from scams and spoofing when texting unknown numbers, it is important to be cautious of any messages that seem suspicious or too good to be true. Do not click on any links or provide personal or financial information, and be wary of anyone who tries to persuade you to invest money or give away sensitive details. If you think a message might be a scam, do not respond and block the number.
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Blocking robocalls
While many robocalls are legal, some are illegal and are the FCC's top consumer complaint. Robocalls are calls made with an autodialer or that contain a pre-recorded or artificial voice message.
To block unwanted robocalls, you can use call-blocking software or devices, which can stop a lot of unwanted calls before they reach you. Cell phones, home phones that make calls over the internet, and landlines each have their own call-blocking options. You can also download a call-blocking app, which acts as a filter. The company behind the app uses call data or reports from users, the FTC, and other sources to predict which calls are illegal or likely scams. Some devices use databases of known scam numbers but let you add numbers you want to be blocked. Other devices rely on you to create and update your own list of numbers to block. Some services are free, but some charge a fee.
Talk to your phone company about call-blocking tools they may have. You can also check into apps that you can download to your mobile device to block unwanted calls. If you use robocall-blocking technology, it often helps to let that company know which numbers are producing unwanted calls so they can help block those calls for you and others.
To block telemarketing calls, register your number on the National Do Not Call Registry. Legitimate telemarketers consult the list to avoid calling both landline and wireless phone numbers on the list. Being on the Registry won't stop scammers from making illegal calls, but it should reduce the number of calls you get and make it easier for you to spot scam calls.
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Reporting spam texts
While it is not explicitly stated that texting random numbers is illegal, sending spam text messages is illegal and can result in fines. Spam text messages are defined 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. Therefore, it is recommended that you obtain consent from the recipient before sending them a text message. This consent must be given in writing, such as through a physically or digitally signed agreement, or an SMS opt-in.
If you receive a spam text, there are several ways to report it. One way is to copy the message and forward it to 7726 (SPAM). This helps your wireless provider identify and block similar messages in the future. Another way to report spam texts is through your messaging app. Most messaging apps have an option to report junk or spam messages. Additionally, you can file an informal complaint with the FCC if you receive a political robocall or text that violates their rules. It is important to be cautious when giving out your phone number and personal information to avoid receiving unwanted text messages.
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Frequently asked questions
Texting random numbers is not illegal, but sending unsolicited text messages or spam texts is illegal.
Unsolicited text messages are any unwanted messages sent without the recipient's consent.
Spam texts are unsolicited messages sent from an individual or company, often containing irrelevant, inappropriate, or untimely content.
You can report spam text messages to organizations such as The Text Message Lawyers or the Federal Communications Commission (FCC).
You may receive a text message from an unknown sender asking for personal or financial information, or instructing you to click on a link. These are common indicators of spam or scam text messages.
