Can you sue someone for text messages?
Asked by: Keyon Herman | Last update: April 17, 2025Score: 4.6/5 (43 votes)
If you are being bothered by unsolicited spam text messages, you can take legal action. Under the Telephone Consumer Protection Act (TCPA), you may be eligible for compensation of $500 to $1500 per unsolicited text, which can be trebled if the violation is knowing, willful, or intentional.
Can you sue someone over text messages?
You can't sue ANYONE for something they say in a text message only sent to YOU. You can only sue if the other person's comments are DEFAMATION.
Do text messages stand up in court?
Yes, text messages can hold up in court if they are authenticated. This involves proving who sent and received the text messages. For example, it might mean showing a screenshot or printout of the text dialogue and identifying the phone numbers associated with the messages.
Can you press charges for someone texting you?
If the recipient of the message feels threatened or intimidated, the sender can face charges for making criminal threats. Criminal threats refer to verbal or written threats that cause another person to fear for their safety. Such charges can lead to fines, probation, and even imprisonment.
Are text messages defamation?
Text messages usually fall under libel since they're written, while slander is spoken. But here's the tricky part: legal definitions can differ depending on your location. In some places, private texts might be seen as slander, but if they become public, they definitely count as libel.
How to Get Texts Admitted as Evidence in Court
What kind of text messages are illegal?
In addition, the CTIA established the common short code system, which is how the majority of businesses send marketing text messages to their customers and prospects. The CTIA also says any messages that contain words relating to sex, hate, alcohol, firearms, or tobacco (SHAFT) should not be delivered.
Can screenshots of text messages be used in court?
Just like social media posts, screenshots of text messages can be used in court, but face similar challenges regarding authentication. Without the original metadata and context, proving that a screenshot is an accurate and unaltered representation of the original message can be difficult.
Can you file a police report for text messages?
You can and should immediately file a police complaint on any text messages to you and or to your 9 year old. Police will likely investigate and at least reach out and encourage the parties to stop the unwanted contacts.
Is it illegal for someone to keep texting you?
The short answer is yes. When you keep sending repeated text messages, it can count as harassment. Keep in mind, though, that there are some exceptions. For instance, a friend of yours asking if you're okay may send repeated messages if you're not answering.
Can the police do anything about harassing texts?
Police are hear to help protect your health, safety, and welfare from these menacing texts. And if you are arrested for sending harassing texts, contact a criminal defense lawyer immediately. Laws against all forms of cyberbullying are being taken increasingly seriously.
What states have text messaging laws?
There are 15 states with laws governing consumer solicitation by text message: Arizona, California, Colorado, Connecticut, Florida, Indiana, New Jersey, New York, North Dakota, Oklahoma, Rhode Island, Utah, Virginia, Washington and Wisconsin.
Can deleted text messages be used in court?
Deleted text messages can potentially be subpoenaed, but the success of retrieving them depends on various factors. When a text message is deleted, it may not be immediately removed from the phone's system and could still be recoverable.
Can deleted text messages be retrieved?
Fortunately, there are ways to retrieve them. From restoring backups to using recovery software, plenty of options are available to help you get your messages back: Enable Google Drive backup to automatically save your messages to the cloud.
Can you go to jail for text messages about drugs?
Yes, you can get in trouble for texting about drugs if law enforcement discovers messages that indicate your involvement in drug-related activities. These messages can be used as evidence to support criminal charges for drug use, such as possession, distribution, or conspiracy to distribute drugs.
Can you sue someone for leaking text messages?
Civil Liability: Sharing private messages without consent can lead to civil lawsuits seeking damages for emotional distress and reputational harm caused by the unauthorized disclosure.
Can you sue someone for not responding?
You can ask for a default against the defendant who missed the deadline. Later, if any other defendant misses their deadline, you can ask for a default against them as well. You can wait for all the deadlines to pass. Then you can ask for a default for all the defendants that do not respond.
Can you sue someone if they keep texting you?
If you are being bothered by unsolicited spam text messages, you can take legal action. Under the Telephone Consumer Protection Act (TCPA), you may be eligible for compensation of $500 to $1500 per unsolicited text, which can be trebled if the violation is knowing, willful, or intentional.
What kind of texting is illegal?
SHAFT Content. SHAFT is an acronym that stands for “Sex, Hate, Alcohol, Firearms and Tobacco.”. Most messaging programs related to these types of content are prohibited, but there are exceptions.
Is it harassment if someone keeps texting you?
In fact, the text messages or other unwanted communications do not have to be specifically threatening in any way to constitute harassment. So long as the contact is unwanted, the text messages qualify as harassment.
How do you report illegal text messages?
- Copy the message and forward it to 7726 (SPAM). This helps your wireless provider spot and block similar messages in the future.
- Report it on the messaging app you use. Look for the option to report junk or spam. ...
- Report it to the FTC at ReportFraud.ftc.gov.
Can you sue someone for harassment over text?
Harassing messages sometimes rise to a level at which you can sue a harasser or abuser in civil court. A victim may also have a claim for defamation or libel in connection with Internet misconduct, if the harassing messages were sent to third parties.
Is it legal to text someone without their permission?
The biggest thing is you can't just send unsolicited text messages to anyone. You need that express written consent—people have to opt-in to the messages you're sending. That means you can't just take a list of cell phone numbers, import them, and send out text messages. You need a real-time opt-in process.
What kind of text messages are admissible in court?
A text message has to be “authenticated” in order to be admissible. This sounds complicated, but it essentially means that an attorney must prove that a text message was written and sent by the person the attorney claims it was written and sent by.
Are text messages incriminating?
Any texts that you write, even if you try to delete them, before or after an arrest may also be used against you in a court of law. The government must have authority to obtain the texts, the texts must be authentic, and the texts must be relevant to the charges filed.
Is sharing screenshots of texts illegal?
Criminal Lawyer: Ashley R., Esq. Yes, your ex can shares screenshots of a text message conversation without your consent. Two party consent laws only apply to audio recordings of private in-person or phone conversations, not to text messages.