Can you sue someone for texting you?
Asked by: Norwood Witting I | Last update: May 7, 2025Score: 4.2/5 (64 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.
Is it illegal to text someone without their permission?
In addition to generally being a bad practice, it is also illegal to send unsolicited text messages to people without their consent, and the fines can be heavy. This is why obtaining consent is so important. The penalties for violating the TCPA can be severe.
Do text messages hold 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.
Is it illegal for someone to keep texting you?
It can be rude and annoying, but in the US, unless they have a restraining order (no contact order) against you, it is not illegal.
Two Minute Lawyer: Text Messages as Evidence
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.
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.
Can I report someone who keeps texting me?
Report to the police
If you report the harassment to the police they will investigate to determine whether the abusive person has committed a crime, such as criminal harassment, stalking or, based on other things that the abusive person is doing, whether another crime has been committed.
Will I get charged if someone texts me?
In general, most phone plans only charge for outgoing messages, not incoming ones.
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 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 sue someone over a text agreement?
This is the case for written contracts, digital legal documents, or agreements over text, email, or other forms of communication. As long as these conditions are met, text messages and other forms of electronic communication are considered legally enforceable contracts in court.
Can you sue someone for leaking private 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.
Is taking screenshots of messages illegal?
Depending on the nature of the information disclosed or published, a person COULD be held liable for their actions. So while it MAY be legal to publish screenshots of a conversation without the other parties consent, YOU could become liable in a civil matter if the other party is harmed.
Are text messages protected by law?
California. California's Public Records Act (CPRA) treats electronic communications, including text messages, as public records if they are used to conduct public business. This law applies regardless of whether the communication device is personally owned or provided by the government.
Can you sue someone for constantly texting you?
You may be getting flooded with phone calls, text messages, or experiencing other harassing behavior from a stranger or someone you know. If so, you may be able to petition a state court for an order prohibiting the conduct.
Is it a crime to keep texting someone?
Harassment by telecommunication device is considered a serious offense. It is charged as a class A nonperson misdemeanor, which is the most serious type. Up to $2,500 in fines. Although a misdemeanor is less serious than a felony, it's still crucial to have a criminal defense lawyer help handle your case.
How do you deal with someone who keeps texting you?
- Block them.
- Ignore them.
- Tell them you're busy.
- Make an excuse.
- Reply with an error message.
- Confront them.
- Change your number if you're being harassed.
- Contact the police if you feel unsafe.
Can you report someone who keeps texting you?
Repeated text messages that are affecting your health should be reported. Everyone has different stress and anxiety thresholds, and once harassing texts have elevated you past these, it is time to contact the police.
Is there a law against unsolicited text messages?
Federal laws and regulations state that businesses cannot intentionally or unwittingly text unsolicited spam text messages containing irrelevant marketing information, products, services, or other offers.
Can you call the cops if someone keeps texting you?
Safety: If the texts make you feel unsafe or lead you to alter your daily routines out of fear for personal safety, it is essential to inform the police about your concerns. If you receive threats of violence, the police are more likely to investigate.
Can I sue spam texters?
The answer is yes. Under the Telephone Consumer Protection Act (TCPA), you have the right to take legal action against companies that bombard you with unwanted calls or texts.
Why is cold texting illegal?
Why is Cold Texting Illegal? Cold texting is highly invasive, making it illegal, and is less effective than other digital marketing channels. In addition, it goes against international privacy laws that demand that individuals consent and opt-in to receive the marketing communication.
Is texting a form of harassment?
Inappropriate texts, similar to other forms of sexual advances, can be considered sexual harassment when they meet the criteria of being unwelcome, offensive, or hostile in nature.