Yes, the TCPA does apply to text messages. The FCC and the courts treat every SMS and MMS as a “call” under the statute, which means the same consent rules, opt-out rights, and penalties that govern telemarketing phone calls also govern texts sent to your cell phone.1Office of the Law Revision Counsel. 47 USC 227 – Restrictions on Use of Telephone Equipment A business that texts you without proper consent can owe you $500 per message, and up to $1,500 per message if the violation was willful.
How the Law Reaches Text Messages
Congress passed the TCPA in 1991 to curb unwanted phone solicitations. Its core prohibition bars anyone from using an autodialer to contact your cell phone without consent, except in emergencies.1Office of the Law Revision Counsel. 47 USC 227 – Restrictions on Use of Telephone Equipment The FCC long ago confirmed that “calls” include text messages, and the same consent requirements attach to both.
The definition of “autodialer” has shaped nearly every major TCPA case in recent years. The statute defines an automatic telephone dialing system as equipment that can store or produce phone numbers using a random or sequential number generator, then dial those numbers. In 2021, the Supreme Court held in Facebook, Inc. v. Duguid that a device qualifies as an autodialer only if it uses a random or sequential number generator to store or produce the numbers it dials.2Supreme Court of the United States. Facebook Inc v Duguid A system that texts numbers pulled from a pre-existing customer database, without random or sequential generation, does not meet the definition.
That narrower reading matters. Many business texting platforms send messages to numbers a company already collected and stored, which likely puts them outside the autodialer definition. A TCPA claim based purely on the technology is harder to win than it used to be. But the consent and Do Not Call rules for marketing texts still apply regardless of the dialing technology.
The Do Not Call Registry now officially covers text messages too. Under an FCC rule effective March 26, 2024, marketers need your prior express invitation or permission before sending a promotional text to a registered number.3Federal Register. Targeting and Eliminating Unlawful Text Messages Registration at donotcall.gov is free and does not expire.
What Consent a Sender Needs Before Texting You
The TCPA draws a firm line between informational texts and marketing texts. The standard for each is different.
Informational Texts
For non-marketing messages like appointment reminders, shipping updates, or account alerts, a business needs your “prior express consent.” Nothing has to be in writing. You give it implicitly when you hand over your phone number, as long as the texts relate to the reason you shared it. A dentist’s office you gave your number to can text you appointment reminders. It cannot use that same consent to text you ads for teeth-whitening products.
Marketing Texts
Advertising and promotional texts require a higher standard: “prior express written consent.” FCC regulations define this as a written agreement, bearing your signature, that specifically authorizes the sender to deliver marketing messages to your number.4eCFR. 47 CFR 64.1200 – Delivery Restrictions The agreement has to disclose that you’re authorizing marketing calls or texts, and it must state that signing is not a condition of buying anything. Electronic signatures count, so checking a box on a website or tapping “agree” in an app can satisfy the rule.
The One-to-One Consent Rule
Until recently, a single consent form on a comparison-shopping website could authorize dozens of companies to text you. Check one box while browsing mortgage rates, and every lender in the lead generator’s network claimed “consent.” The FCC closed that loophole with a rule effective January 27, 2025.5Federal Communications Commission. FCC Adopts New Rules to Close the Lead Generator Robocall and Robotexts Loophole You now have to agree separately to receive marketing texts from each specific company, and the messages have to connect logically to whatever you were doing when you gave permission.
Who Has to Prove Consent
The burden of proving consent falls on the sender. If a company texts you and you complain, that company has to produce evidence you agreed to receive the messages.6Federal Communications Commission. Strengthening Consumer Protections Against Unwanted Robocalls Report and Order The same principle applies to disputes about whether you revoked consent.
When Texts Are Allowed Without Your Consent
Several narrow categories of texts fall outside the consent rules. Each has its own conditions.
Emergency messages sent for genuine health-and-safety purposes are completely exempt. The statute excludes calls “made for emergency purposes” from the autodialer prohibition.1Office of the Law Revision Counsel. 47 USC 227 – Restrictions on Use of Telephone Equipment
Banks and other financial institutions can text you without prior consent for narrow fraud-related purposes: possible identity theft, security breaches involving your personal data, and steps to prevent harm from those breaches. Those texts must be free to you, carry no marketing, identify the institution by name, cap out at three messages per event over three days, and give you an easy opt-out in each message.7Federal Register. Limits on Exempted Calls Under the Telephone Consumer Protection Act of 1991
Healthcare providers can text you about appointments, prescriptions, and other health matters without prior consent under similar limits: texts only to the number you provided, no marketing, limited frequency, and an opt-out in every message.7Federal Register. Limits on Exempted Calls Under the Telephone Consumer Protection Act of 1991
Political texts are a common source of confusion. Autodialed political messages still require your prior express consent, just like commercial texts. Campaigns are exempt from the Do Not Call Registry, though, so registering won’t block manually sent political messages.8Federal Communications Commission. Political Campaign Robocalls and Robotexts Rules
How to Stop the Texts
You can withdraw consent at any time using any reasonable method. The FCC has explicitly barred businesses from funneling you into a single, inconvenient opt-out channel.9Federal Communications Commission. Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991
The most reliable move is replying to the text with a standard keyword: STOP, CANCEL, UNSUBSCRIBE, END, or QUIT. The wireless industry recognizes all of them. The law does not limit you to those words, though. Any clear statement that you want the messages to stop counts as valid revocation, whether you send it by text, email, phone call, or letter.
Once you revoke, the sender has no more than 10 business days to stop messaging you.9Federal Communications Commission. Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 The company may send one final confirmation text, but that message cannot include any marketing.
What You Can Collect for Unauthorized Texts
The TCPA’s penalty structure is what makes it useful to consumers. For each text sent in violation of the law, you can sue for $500 in statutory damages, or your actual financial loss, whichever is greater.1Office of the Law Revision Counsel. 47 USC 227 – Restrictions on Use of Telephone Equipment Damages apply per message, so 50 unauthorized texts translate to potential liability of $25,000 from you alone.
If a court finds the sender acted willfully or knowingly, it can triple the award to up to $1,500 per text.1Office of the Law Revision Counsel. 47 USC 227 – Restrictions on Use of Telephone Equipment There is no cap on total damages.
How to File a Complaint or Lawsuit
You have two paths, and you can use both.
FCC Complaint
You can file a complaint with the FCC online at consumercomplaints.fcc.gov and select “unwanted calls/texts” as the issue type.10Federal Communications Commission. Unwanted Calls and Texts – Phone An FCC complaint won’t put money in your pocket, but it can prompt enforcement action and fines against the sender, especially when many consumers complain about the same company.
Private Lawsuit
The TCPA gives you the right to sue in state court for statutory damages.1Office of the Law Revision Counsel. 47 USC 227 – Restrictions on Use of Telephone Equipment The statute directs private actions to “an appropriate court of that State,” which in most jurisdictions includes small claims court. You don’t need a lawyer for small claims, and at $500 to $1,500 per text, even a handful of unauthorized messages can make a case worth filing.
The TCPA itself sets no filing deadline, so the statute of limitations depends on your state’s law. Most states apply a two- to four-year limitations period for this kind of statutory claim, but check your state’s rule rather than assume. The clock typically starts on the date each text was sent.
Save every unwanted text. Screenshots showing the sender’s number, the date, the message content, and any opt-out request you sent are your strongest evidence. Because the sender bears the legal burden of proving consent, your job is simply to show that the texts arrived and that you did not want them.