How to Sue for Spam Texts and Robocalls: Get $500 to $1,500 Per Violation

You can sue for spam texts and get $500 to $1,500 for each one. The law that lets you do this is the TCPA (Telephone Consumer Protection Act). It's a federal law under 47 U.S.C. § 227. You don't need a lawyer. You can file in small claims court. And most companies settle before they ever show up to a hearing.

One guy named David Weekly got fed up with spam texts. He sued the company that sent them. He won $1,200. His story went viral on Vice and CNET. You can do the same thing.

This guide shows you the whole process. How to find out who's texting you. How to save your proof. How to demand they pay. And how to take them to small claims court if they won't.

What the TCPA Says About Spam Texts

The TCPA is a federal law. It makes it illegal for companies to send you ad texts using auto-dial tech without your written OK. The FCC says text messages count as "calls" under this law. So every rule that applies to robocalls applies to spam texts too.

Here's what the law says. A company needs your "prior express written consent" before it can text you ads with an auto-dialer. That consent has to be clear. It has to name the company. And it has to say you agree to get auto texts. A buried checkbox on a form from three years ago doesn't count.

The fines are real. $500 per illegal text. If the company knew it was breaking the law? $1,500 per text. Each text is its own case. So 10 illegal texts means $5,000 to $15,000.

You have four years to sue. That's the statute of limits for federal TCPA claims. Check your old messages. You might be sitting on a pile of cases.

Types of Texts You Can Sue Over

Not every bad text is a TCPA case. But a lot of them are. Here are the types that break the law:

Ad texts you never signed up for. A company sends you a "flash sale" alert or an offer. You never said yes. That's a case.

Texts sent after you said STOP. You told them to stop. They kept texting. Each text after that is its own case. The FCC says companies must stop right away. They can't say "give us 24 to 48 hours." These systems can stop in seconds.

Texts sent at odd hours. The TCPA bans ad texts before 8 a.m. or after 9 p.m. in your time zone. Every late-night or early-morning text is a case. Some people get texts at 2 a.m. That's money in your pocket.

Texts from total strangers. Random texts about car deals, health plans, crypto, or debt help. If you never did business with these people, they had no right to text you.

Texts to Do Not Call numbers. If your number is on the list at donotcall.gov and a company texts you ads anyway, that's a bonus case on top of the auto-dial case.

What You Can't Sue Over

Some texts are OK under the law:

These "info" messages are allowed. You gave your number to these companies when you signed up. But even these have limits. If your bank calls six times a day about the same alert, that goes too far. It becomes a case again.

Spam Texts vs. Spam Emails: Know the Difference

Quick note on email spam. The CAN-SPAM Act covers spam emails. But it does NOT let you sue on your own. Only the FTC can go after email spammers. You can't.

Spam texts are different. The TCPA gives you the right to sue by yourself. You file. You win. You keep the money. That's why spam texts are worth going after and spam emails are not.

Robocalls work the same way as texts under the TCPA. If you get both spam texts and robocalls from one company, each counts as its own case. Your claim grows with every buzz and ring.

The David Weekly Story: Proof You Can Win

David Weekly is a regular guy who got sick of spam texts. On June 20, 2022, he got yet another one from an insurance company. He didn't delete it. He tracked the company down. He found the email domain in the text. He traced it back to a company in California. Then he filed a TCPA lawsuit.

The company called him to settle. They went back and forth. In the end, they wrote him a check for $1,200 and said sorry.

"It was just a kind of fun, surreal moment," Weekly told Vice. "I'm holding an actual check from a party who sent me a spam text and said sorry for it."

Vice wrote about it. CNET covered it. And experts said Weekly did more than he had to. Most of the time, you don't even need to file. The threat alone is enough.

Anne Mitchell is a lawyer and CEO of the Institute for Spam and Internet Public Policy. She told Vice: "Just the threat of filing that lawsuit is enough. They know you'll win. They broke the law. They knew they were breaking it before they ever sent that text."

This is what matters most. Companies that send spam texts know it's illegal. They bet on you not knowing your rights. When you show them you do? Most of them fold.

How to Sue for Spam Texts: Step by Step

Here's the full process. It takes some work. But the payoff can be hundreds or thousands of dollars.

Step 1: Save Your Proof

Start saving proof right now. Your case lives or dies on it.

Step 2: Find Out Who Is Texting You

You can't sue a mystery number. You need a company name and an address. Here's how to find them:

You need the company's legal name and a real address. For most businesses, you can look up their info on your state's Secretary of State website.

Step 3: Sign Up for the Do Not Call List

Go to donotcall.gov and add your number. It takes two minutes. After 31 days on the list, any ad text from a company that didn't check the list is another case for you.

Screenshot your sign-up page. Save it as proof.

Step 4: Send a Demand

Before you file in court, send the company a formal demand. This does two things. It shows the court you tried to fix it first. And it gives the company a chance to pay up.

Your demand should list:

Send it by certified mail so you can prove they got it. This is where things change. Most companies see a real demand with TCPA cites and dollar amounts. They do the math. And they realize paying you costs less than fighting you.

David Weekly's story shows this. The company settled once he took action. Doc Compton is a consumer advocate who helps people turn robocalls into cash. He's seen it happen over and over. The demand works because the law is on your side.

Step 5: File in Small Claims Court

If they won't pay or won't respond, file in court. Filing a spam text lawsuit small claims style is a strong move. Small claims is perfect for TCPA cases:

Go to your local court or its website. Fill out the claim form. Put in:

Pay the fee. Have them served. Then show up on your date with your proof: screenshots, your log, your STOP replies, your demand, and your mail receipt.

One thing to know: small claims limits vary. In California, you can sue for up to $10,000. In Texas, $20,000. Make sure your total fits your state's cap. Twenty texts at $500 each is $10,000. At $1,500 each, that's $30,000. That might not fit in small claims in some states.

Step 6: Show Up and Win

Here's the best part about a TCPA small claims court case. Most companies don't show up. When that happens, you win by default. The judge looks at your proof and gives you the money.

If they do show up, stay calm. Show the judge:

  1. The spam texts (screenshots with dates and times)
  2. That you never said yes (or that you said STOP)
  3. That the texts were ads sent by auto-dial
  4. Your demand and their failure to respond
  5. The exact law they broke

TCPA cases use "strict liability." You don't have to prove harm. You don't have to show a money loss. The illegal text itself is the harm. The law sets the fine.

How to Sue for Robocalls

All of the above applies to robocalls too. The one extra challenge is finding out who called. Texts often have a link or name. Robocalls have a spoofed number and a robot voice.

Here's how to track down robocallers:

Once you know who's calling, the steps are the same. Save proof. Send a demand. File if they don't pay.

What Counts as an Auto-Dialer (And Why It Matters)

In 2021, the Supreme Court changed the rules in Facebook, Inc. v. Duguid. A system only counts as an auto-dialer if it picks or makes numbers at random. If a company just calls from a saved list, the auto-dialer rule may not apply.

But here's the key. The TCPA also bans calls and texts that use a recorded voice. That rule applies no matter how the number was picked. So if you got a robot message or an auto-text, you likely still have a case.

And many states have their own laws with broader rules. More on that next.

States with Stronger Spam Text Laws

The TCPA is federal. It works in all 50 states. But some states give you extra power to sue spammers.

California: State laws like the California Invasion of Privacy Act (CIPA) add more options. California's small claims cap is $10,000. Courts here are very friendly to people suing over spam. Some state rules cover more types of dialers than the federal law does.

Florida: The Florida Telephone Solicitation Act (FTSA) kicked in during 2021. It's tougher than the TCPA. It covers any system that can text more than one number. It also needs written consent for all sales texts, not just auto ones. Florida's small claims cap is $8,000.

Washington: State consumer laws here give extra options. They allow triple the fine for willful rule-breaking. Washington's small claims cap is $10,000.

Illinois: This state has some of the strictest privacy laws in the country. Illinois also has strong consumer safety laws that add to your TCPA case. The small claims cap is $10,000.

If you live in one of these states, you may be able to add state claims on top of your federal TCPA case. That means more money.

Companies will say you "agreed" to their texts. Here's how they try to fake consent. And when it doesn't hold up.

Pre-checked boxes. You filled out a form online. Hidden in the fine print was a box that was already checked. It said you agree to ad texts. That doesn't count. You have to check the box yourself.

Bundled consent. The form said you agree to texts from "Company X and its partners." The FCC ruled in 2023 that consent must name one specific company. A blanket form that covers a dozen partners is not valid.

Terms of service tricks. A company says that using their app means you agreed to their terms. And those terms say they can text you ads. Courts have pushed back on this. Consent has to be clear. It has to be about auto ad texts.

"You gave us your number." Just having your number doesn't give them the right to text you ads. Giving your number for a purchase is not the same as saying "yes, text me promos."

If a company tries these tricks, they'll have a hard time in court. The law needs clear, written consent for auto ad texts. Anything less is a case.

How Much Money Can You Get?

Let's do the math.

Say a company has been texting you for six months. You get about two a week. That's around 50 texts.

Your state's small claims cap may limit you. But even at $10,000, that's a big win for texts you didn't ask for.

Got 3 or 4 illegal texts? That's $1,500 to $6,000. Still worth a trip to the courthouse.

And you don't have to prove you lost money. TCPA fines are set by law. You got an illegal text? That's $500. Done.

Common Mistakes That Kill TCPA Cases

Avoid these:

Deleting texts. Your proof is on your phone. Delete the texts, lose the case. Screenshot them. Back them up.

Waiting too long. You have four years for federal claims. But some state rules give you less time. Act soon.

Not finding the sender. You can't sue "Unknown Number." Do the work to find the company. Check for links, names, short codes, or callback numbers.

Suing the wrong company. Sue the one that sent the text. Not the phone company. Not a random third party. If the text pushes "ABC Insurance," that's who you sue.

Not saying STOP first. If you might have signed up at some point, text STOP first. Then save every text that comes after. Texts after a STOP are the strongest cases. They show the company is doing it on purpose.

FAQ: Suing for Spam Texts and Robocalls

Can you sue for spam texts without a lawyer?

Yes. You can file a TCPA case in small claims court on your own. Small claims is built for this. The fee is $30 to $75. Many people have won TCPA cases without a lawyer.

How much can you get per spam text?

$500 per text under the TCPA. If the company did it on purpose, a court can award $1,500 per text. Each text is its own case. So the total adds up fast.

Can you sue for spam calls and robocalls?

Yes. The TCPA covers both spam texts and robocalls. The fines are the same: $500 to $1,500 per call. The hard part is finding out who called. But once you do, the steps are the same.

What is the TCPA statute of limits?

Four years for federal claims. That means you can go after texts or calls from up to four years back. Some states may have shorter time frames.

Do I need to be on the Do Not Call list to sue?

No. The TCPA's auto-dial and consent rules apply no matter what. But being on the list adds another ground to your claim. So it's smart to sign up at donotcall.gov.

Can I sue for spam emails?

No. Spam emails fall under the CAN-SPAM Act. That law does not let you sue on your own. Only the FTC can enforce it. The TCPA covers texts and calls, not emails.

What if the company is in another state?

You file in your local small claims court. The illegal texts hit your phone in your state. The company has to send someone to your court or risk losing by default. This is why most companies just settle. It costs less than fighting you.

What proof do I need to win a TCPA case?

Screenshots of the texts with dates, times, and sender info. A log of all the texts. Proof you didn't say yes (or that you said STOP). Your Do Not Call sign-up page. And your demand letter with the mail receipt. The more neat your proof, the better your case.

Take Action on Your Spam Texts

Those spam texts on your phone aren't just a pain. They're illegal. And each one is worth $500 to $1,500.

You have the proof in your text messages right now. The law is on your side. The only question is: will you act on it? Or just keep deleting?

Every company sending spam texts bets you'll do nothing. That's how they get away with it. But you don't have to let it slide.

PettyLawsuit helps you take action. Send a formal notice citing the TCPA. Then follow up with phone calls and emails. If they don't settle, file in small claims. 70% of cases handled through PettyLawsuit end without court. The process works because it's steady, professional, and built to push companies to do the right thing.

Read our guides on how demand letters work, what a demand letter is, whether it's worth suing for $500, and how to sue telemarketers under the TCPA.