Spam Text Lawsuit: Can You Sue for Spam Texts in 2026

Short answer

Yes, you can often sue for spam texts. The Supreme Court has said a text to a cell phone is a “call” under the TCPA, and each illegal text can be worth $500 to $1,500. But a 2026 appeals ruling blocks Do Not Call text claims in Illinois, Indiana and Wisconsin, so which claim you use now matters.

The short version for 2026

Spam text claims come in three types, and they do not all work the same way anymore.

Claim	What you must show	Where it stands
Autodialed or prerecorded text, 47 U.S.C. 227(b)	The text was sent with an “automatic telephone dialing system” or used an artificial or prerecorded voice, without consent	Texts count as calls here. The hard part is proving an autodialer after Facebook v. Duguid (2021).
Do Not Call text, 47 U.S.C. 227(c)(5)	More than one marketing text in 12 months to a number on the Registry, or after you said stop	Blocked in the Seventh Circuit since July 2026. Open question elsewhere.
State law (for example, Florida’s FTSA)	Depends on the state statute	Some state laws expressly cover texts and remain available.

Texts are “calls” under the autodialer section

In Campbell-Ewald Co. v. Gomez, 577 U.S. 153 (decided January 20, 2016), a Navy recruiting campaign sent texts to more than 100,000 people. The Supreme Court wrote: “A text message to a cellular telephone, it is undisputed, qualifies as a ‘call’ within the compass of § 227(b)(1)(A)(iii).” In Howard v. Republican National Committee, 164 F.4th 1119 (9th Cir. January 13, 2026), the Ninth Circuit again held that texts are calls under the TCPA. It also held that a text carrying a video the recipient had to press play on was not a call “using” a prerecorded voice.

The catch is the autodialer definition. In 2021 the Supreme Court held that equipment is an autodialer only if it can store or produce numbers using a random or sequential number generator. Most modern texting platforms send to lists of numbers, and courts often find they do not qualify. A 227(b) text claim is strongest when there is real evidence of random or sequential dialing, or a prerecorded voice. Our autodialer guide explains the test.

Do Not Call text claims and the circuit split

The FCC’s rules apply the Do Not Call protections to “telephone solicitations or telemarketing calls or text messages to wireless telephone numbers” (47 C.F.R. 64.1200(e)). For years, courts let people sue under 227(c)(5) for marketing texts sent to Registry numbers.

That changed in one region. On July 14, 2026, the Seventh Circuit held in Steidinger v. Blackstone Medical Services, No. 25-2398, that texts are not “telephone calls” under 227(c)(5). The court declined to follow the FCC’s view, relying on the Supreme Court’s 2025 ruling in McLaughlin Chiropractic Associates v. McKesson Corp. that district courts are not bound by FCC interpretations. In Illinois, Indiana and Wisconsin, a federal Do Not Call claim based only on texts is now very hard to bring.

Other courts have gone the other way, and commentators describe a split with the Ninth Circuit’s reasoning in Howard. We cover the details in our news story on the Seventh Circuit’s text message ruling. The honest answer outside those three states is that Do Not Call text claims are contested, and defendants will raise Steidinger in every case.

State laws that cover texts

Several states have their own telemarketing statutes that expressly reach texts. Florida’s Telephone Solicitation Act, Fla. Stat. 501.059, is one example. It requires prior express written consent for automated solicitation calls and texts, and allows actual damages or $500, whichever is greater, with up to triple that for willful or knowing violations. Before suing over unwanted text solicitations, a Florida recipient must reply “STOP,” and the sender has 15 days to stop before a claim can proceed. Our state autodialer law guide lists the states with their own rules.

What replying STOP does

Replying STOP matters under federal law too. The FCC’s rule, 47 C.F.R. 64.1200(a)(10), treats replies such as “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel” and “unsubscribe” as reasonable ways to revoke consent. The sender must honor the request within a reasonable time, not more than ten business days. Under 64.1200(a)(12), the sender may send one confirmation text within five minutes, with no marketing in it. Texts after that window are the core of many modern cases.

A real spam text settlement

In Fried v. Kaiser Foundation Health Plan, Inc. (Fla. Cir. Ct., Miami-Dade County, No. 2025-016220-CA-01), the plaintiff alleged Kaiser Permanente kept sending telemarketing texts after people opted out, in violation of the TCPA and the Florida Telephone Solicitation Act. Kaiser agreed to a $10.5 million settlement. The class covered U.S. residents who received texts between January 21, 2021 and August 20, 2025 after replying STOP or a similar request. Class members could receive up to $75 per qualifying text, subject to reduction. The claim deadline was February 12, 2026. Kaiser did not admit wrongdoing.

When a spam text is not worth a lawsuit

Phishing and scam texts from unknown senders that link to fake sites. There is usually no company to sue. Report them instead.
One marketing text to a Registry number, with nothing after it.
Texts from a business you signed up with, before you replied STOP.
Transactional texts such as delivery or appointment notices that do not sell anything.

What spam text lawyers need from you

Screenshots of every text showing the sender’s number or short code, the date and the time. Do not delete the thread.
Your STOP reply and every text that came after it.
Proof of your Registry date from donotcall.gov, if you are on it.
The company name and any link in the text. Do not click suspicious links; the name in the message is enough.
Your state of residence, because state law and the federal circuit now shape which claim fits.

Then report the text: the FTC recommends forwarding it to 7726 (SPAM), reporting it in your messaging app, and filing at ReportFraud.ftc.gov.

What to do next if you want to sue over spam texts

Reply STOP once, then screenshot everything that follows for at least two weeks. Note where you live. If texts keep coming from a named company, you may have a federal claim, a state claim, or both, and the choice depends on your state. Read about TCPA texting standards and then ask for a free case review. Banville Law handles these cases on contingency: no attorney fee unless you recover.

Frequently asked questions

Can you sue for spam texts?

Often, yes. The TCPA treats texts to cell phones as calls under its autodialer section, and many states have their own text laws. Damages are $500 per text, up to $1,500 if willful, but a 2026 Seventh Circuit ruling limits Do Not Call text claims in Illinois, Indiana and Wisconsin.

How much is a spam text lawsuit worth?

Statutory damages under the TCPA are $500 per illegal text, and up to $1,500 if a court finds the violation willful or knowing. Class settlements usually pay less per text; the Kaiser settlement offered up to $75 per qualifying text.

Do spam text lawyers charge upfront?

Most consumer TCPA lawyers, including Banville Law, work on contingency. You pay no attorney fee unless there is a recovery.

Does replying STOP to a spam text help my case?

Yes, for texts from a real company. STOP revokes consent under FCC rules, and texts sent more than ten business days later are strong evidence. For obvious scam texts, skip the reply and report the message.

Are texts covered by the Do Not Call list?

The FCC’s rules say yes. But on July 14, 2026, the Seventh Circuit held that Do Not Call lawsuits under 227(c)(5) cannot be based on texts. Courts elsewhere are split, and state laws may still apply.