SPAM TEXT MESSAGES – TCPA

The Telephone Consumer Protection Act (“TCPA”) is a federal law that was signed into law in 1991. The TCPA regulates telemarketing by limiting the use of automated dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines. The TCPA also established the National Do Not Call List and requires businesses to honor the list.

If a company sends unsolicited junk text messages to a recipient that did not provide expressed written consent, there is likely a violation of the TCPA. Recipients of text messages that violate the TCPA may recover $500 per text—and up to $1,500 per text if the violation was intentional.