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

Yes, in many cases you can. Courts have long treated a text message to a cell phone as a “call” under the Telephone Consumer Protection Act (TCPA), and each illegal text can carry statutory damages of $500, or up to $1,500 if the sender acted willfully. But a recent federal appeals decision has limited certain Do Not Call text claims in parts of the Midwest, so the type of claim you bring, and where you live, now matter more than ever.

Types of Spam Text Lawsuits Under Federal and State Law

Spam text claims generally fall into three groups, and they no longer work the same way everywhere.

Claim	What you generally must show	Where it stands
Autodialed or prerecorded texts	The text was sent with an autodialer or used a prerecorded voice, without your consent	Texts count as calls, but proving an autodialer has become harder.
Do Not Call texts	Repeated marketing texts to a number on the Registry, or texts after you asked the sender to stop	Limited in some states after a recent appeals ruling. Unsettled elsewhere.
State law claims	Depends on the state statute	Several states expressly cover texts, and those claims remain available.

Are Text Messages Calls Under the TCPA?

The Supreme Court has recognized that a text to a cell phone qualifies as a call under the TCPA’s autodialer rules, and federal appeals courts continue to follow that view. Courts have drawn some limits, though. For example, a text containing a video that the recipient has to choose to play may not be treated the same as a prerecorded voice call.

The bigger hurdle is the definition of an autodialer. The Supreme Court has narrowed it to equipment that generates phone numbers randomly or sequentially. Most modern texting platforms send to saved lists of numbers, and courts often find they do not qualify. An autodialer 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 List Text Messages: Courts Are Divided

FCC rules extend Do Not Call protections to marketing text messages sent to cell phones, and for years, courts allowed consumers to sue over texts sent to numbers on the Registry.

That has started to change. A federal appeals court covering Illinois, Indiana, and Wisconsin recently held that texts are not “telephone calls” under the TCPA’s Do Not Call lawsuit provision. The court relied on a recent Supreme Court decision saying judges do not have to defer to the FCC’s reading of the statute. In those three states, a federal Do Not Call claim based only on texts is now very hard to bring.

Courts in other parts of the country have reached different results, and the issue remains unsettled. We cover the details in our news story on the Seventh Circuit’s text message ruling. Outside those three states, expect companies to raise this argument in nearly every Do Not Call text case.

State Spam Text Laws, Including Florida’s Telephone Solicitation Act

Several states have their own telemarketing laws that expressly cover texts. Florida’s Telephone Solicitation Act is one well-known example. It generally requires written consent for automated solicitation texts and allows statutory damages, with higher amounts for willful violations. Florida also expects consumers to reply STOP and give the sender a chance to comply before suing over unwanted solicitations. Our state autodialer law guide lists the states with their own rules.

Does Replying STOP to Spam Texts Protect Your Rights?

Replying STOP matters under federal law, too. Under FCC rules, common replies such as “stop,” “quit,” “cancel,” “opt out” and “unsubscribe” are reasonable ways to revoke consent, and the sender must honor the request within a reasonable time. The sender may send a single confirmation text with no marketing in it, and nothing more. Texts that keep coming after that are at the heart of many spam text cases.

Spam Text Class Action Settlements

Companies have paid significant amounts to resolve claims that they kept texting consumers after they opted out. Large brands have agreed to multimillion-dollar class settlements over marketing texts sent after people replied STOP, often without admitting wrongdoing. Class settlements usually pay far less per text than statutory damages, but they show that opt-out violations carry real costs.

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.
A single 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 Evidence a Spam Text Lawyer Needs 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 court region you live in 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.

How to Start a Spam Text Lawsuit

Reply STOP once, then screenshot everything that follows for at least a couple of 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 right 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, which means no attorney fee unless you recover.

Spam Text Lawsuit FAQs

Can you sue for spam texts?

Often, yes. The TCPA treats texts to cell phones as calls under its autodialer rules, and many states have their own text laws. Damages are $500 per text, up to $1,500 if willful, but a recent appeals 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 much less per text.

Do spam text lawyers charge upfront?

Most consumer TCPA lawyers, including Banville Law, work on a contingency basis. 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 that keep arriving after the sender has had a reasonable time to comply are strong evidence. For obvious scam texts, skip the reply and report the message.

Are texts covered by the Do Not Call list?

FCC rules say yes. But a recent federal appeals decision held that Do Not Call lawsuits cannot be based on texts in Illinois, Indiana, and Wisconsin. Courts elsewhere are divided, and state laws may still apply.