It’s one of the most common questions we get:
“I keep getting marketing texts I never signed up for — is there actually anything I can do about it?”
Short answer: yes.
And in many cases, those texts aren’t just annoying — they may be illegal, and you may be entitled to $500 to $1,500 per message.
📱 Why These Texts Are a Bigger Deal Than You Think
Companies today rely heavily on automated text message marketing — from restaurants and fitness apps to retail brands and home improvement companies.
But here’s the problem:
👉 Many of them are sending texts without proper consent
👉 Some continue texting even after you opt out
👉 Others contact people on the Do Not Call Registry
That’s where federal law — the Telephone Consumer Protection Act (TCPA) — comes in.
⚖️ What the Law Actually Says
Under the TCPA, companies generally cannot send you marketing text messages unless:
- You gave prior express written consent, and
- That consent was clear and conspicuous
If they don’t follow those rules, each message can result in:
- $500 per violation, or
- Up to $1,500 per message if the violation was willful
🚩 “But I Gave My Number Once… Does That Count?”
This is where a lot of consumers get confused.
Giving your phone number does NOT automatically mean you agreed to marketing texts.
For example:
- Signing up for a receipt
- Making a purchase
- Entering a contest
- Creating an account
👉 None of those automatically equal valid consent under the law.
Companies need specific permission to send marketing texts — not just your number.
❌ “I Texted STOP — Why Are They Still Messaging Me?”
Another huge red flag.
If you opted out and the messages kept coming, that can strengthen your case.
Courts take opt-out violations seriously because they show the company is ignoring clear consumer requests.
🧠 Why You’re Seeing More of These Messages
We’re currently seeing a surge in lawsuits against companies across industries — including:
- Retail brands
- Fitness and coaching apps
- Restaurants and franchise chains
- Home improvement companies
The reason is simple:
👉 Text marketing is cheap, fast, and often poorly regulated internally
That leads to sloppy compliance — and legal exposure.
💬 “Is This Really Worth Pursuing?”
If you’ve received multiple messages, the numbers can add up quickly.
Example:
- 10 unwanted texts = $5,000 – $15,000 potential claim
And in many cases, these claims are handled without upfront costs to you.
✅ When You Should Talk to a Consumer Attorney
You may have a valid claim if:
- You received marketing texts you never signed up for
- You’re on the Do Not Call Registry
- You opted out but messages continued
- The texts came from an automated system or short code
📞 The Bottom Line
Spam texts aren’t just a nuisance — they’re a regulated legal issue, and companies that ignore the rules can be held accountable.
If you’re unsure whether your situation qualifies, it’s worth asking.
Call us at 855-978-6564 or complete our online form: CLICK HERE for legal assistance with your TCPA claim.
