Landmark Law Partners · Attorney advertising

Spam text claims: save the whole conversation

You reply STOP, but another marketing text arrives. Keep both messages. The conversation can help show what you received, what you asked the sender to do, and what happened afterward.

When could a text support a claim?

The TCPA can apply to text messages. Whether a claim exists depends on the sender, the purpose of the texts, consent, the technology used, and the rules that apply to that contact.

An unwanted message alone doesn't establish a violation. A STOP reply and later messages are facts worth saving, but the timing and context still need to be assessed before anyone can say whether a later text qualifies.

What should you save?

Keep the original thread with its timestamps and the sender's number or short code. Save the business name, the offer, and any opt-out acknowledgement. If you signed up to hear from the business, keep the signup form or consent language.

A screenshot helps. Include enough of the conversation to show your request to stop and any messages sent afterward, rather than cropping out details that could explain how the contact began.

Keep suspicious links closed. You can preserve a message without following its links or giving the sender passwords or account details.

What about the $500–$1,500 amount?

For a qualifying violation under the TCPA's automated-contact provisions, statutory damages may be $500. A court may increase the award to up to $1,500 for a willful or knowing violation. That is a potential legal remedy. Recovery is not guaranteed.

How Landmark receives your texts

Landmark considers cases submitted through Speechbolt. Use the app's submission process to choose which records to send. The firm decides whether the facts support a case it can take.

Read the submission guide for the next step. The TCPA claims guide explains the broader rules and potential damages.

Legal source: 47 U.S.C. § 227, Telephone Consumer Protection Act. Whether the law applies depends on the facts and current rules.