Spam Texts and the TCPA: What Counts, What Doesn't, and What to Save

Unwanted marketing texts generate a lot of questions, and most of them come down to a handful of recurring issues. Here are the ones we hear most, with answers based on the Telephone Consumer Protection Act and the FCC's rules.

Is a text message covered by the TCPA?

Yes. The statute speaks in terms of "calls," and a text to a cell phone qualifies. The Supreme Court treated that point as undisputed in Campbell-Ewald Co. v. Gomez (2016), and the FCC has long taken the same position.

Does it matter how the text was sent?

It can. One part of the TCPA, 47 U.S.C. § 227(b), restricts messages sent with an "automatic telephone dialing system." After Facebook, Inc. v. Duguid (2021), that term covers only equipment that uses a random or sequential number generator, and most texting platforms that send to a list of numbers don't qualify.

The do-not-call rules are a different story, and right now they're one of the most contested questions in TCPA law. The FCC has long treated texts as covered by those rules. But in 2025 the Supreme Court held in McLaughlin Chiropractic Associates v. McKesson Corp. that federal courts aren't bound by the FCC's interpretations of the TCPA. Since then, courts have split over whether the do-not-call private right of action in § 227(c)(5), which refers to a "telephone call," reaches texts at all.

In July 2026, the Seventh Circuit held in Steidinger v. Blackstone Medical Services that it doesn't. That ruling binds federal courts in Illinois, Indiana, and Wisconsin. District courts elsewhere have come out both ways, and the question may eventually reach the Supreme Court. None of this affects § 227(b), and some state telemarketing laws expressly cover texts, so a text that falls outside one rule may still be covered by another.

I signed up for something once. Does that mean they can text me forever?

No. For automated marketing messages, the FCC requires prior express written consent (47 C.F.R. § 64.1200(a)(2)), and that consent has to be given to a particular seller, and it doesn't automatically carry over to that seller's "partners" or to companies that bought your information. Consent buried in terms you never saw is also a weak foundation for a company to stand on.

The FCC tried to tighten this area further with a rule requiring consent to be given to one seller at a time. A federal appeals court vacated that rule in January 2025, before it took effect. The basic principle, that consent is specific to the company you gave it to, still applies.

How do I opt out, and does the company have to listen?

Reply STOP. Words like "unsubscribe," "cancel," "end," and "quit" work too, and so does a plain message saying you don't want more texts. The FCC has said consumers may revoke consent through any reasonable means, and a company can't insist on one particular method. Its rules require the sender to honor the request within ten business days.

One exception to that advice: if a message is obviously a scam, like a fake package-delivery notice or a prize you never entered for, replying can confirm your number is active. For texts from an identifiable business, though, STOP is the right move, and it leaves a timestamped record.

What can I recover?

That depends on which rule was broken. For messages that violate § 227(b), § 227(b)(3) provides the greater of your actual loss or $500 per message, up to $1,500 per message if the violation was willful or knowing. For do-not-call violations, § 227(c)(5) allows up to $500 per violation once you've received more than one telemarketing message from the same entity within twelve months, again with trebling available for willful or knowing violations, though as explained above, whether that provision reaches texts depends on the court.

What should I screenshot?

People often capture a single message and delete the rest. Keep the whole thread, and make sure your screenshots show the sender's number or short code at the top, the complete text of each message including any links or company names, and the date and time of each one. On most phones you can reveal timestamps by swiping the thread to the side.

The single best piece of evidence in many of these cases is your STOP reply followed by another marketing message. If you have that, don't lose it. And make sure your phone's backup actually includes your messages, so a replacement phone doesn't wipe them.