Is a text message legally binding?
Asked by: Mr. Santino Corkery | Last update: December 10, 2025Score: 4.1/5 (5 votes)
Text as Contracts The answer is YES assuming certain elements are met. Courts that have been faced with this question have found that agreements entered into via text messages are enforceable borrowing from basic contract formation principles and the reasoning applied to email messages.
Will a text message agreement hold up in court?
Should you use a text message as a legal document? This ruling states that as long as text messages satisfy the necessary conditions required of a bilateral contract in offer, consideration, capacity, and acceptance, they can be considered legally enforceable.
Can text messages be used as legal proof?
Now, 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 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.
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 a text message be a legally binding contract?
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.
Is there a law against unsolicited text messages?
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 judges look at text messages?
Under California law, text messages are admissible as evidence in family court proceedings. When presented as evidence, a text message can help support your case or establish accusations of domestic violence, extramarital affairs, child abuse, or financial infidelity.
Can you sue someone for Screenshotting messages?
It is not considered a violation of privacy, unfortunately.
How to authenticate a text message in court?
You may also secure an affidavit or testimony that shows that both originals and copies are true and precise representations of the texts. If possible, you should include copies of texts that include the date and time – stamped on the messages and the contact details of the sender, such as a phone number.
Can you sue someone for text messages?
Monetary damages awarded to consumers who receive unsolicited text messages can run as high as $1,500 per text message.
Can deleted text messages be subpoenaed?
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.
Who owns text messages?
Instead, courts consider text messages to be the product of the contract for services between the cell phone user and the cell phone provider. Put another way, because text messages would not exist but-for a cellular service contract, they are not considered property.
Do text messages count in a court of law?
Text as Contracts
The answer is YES assuming certain elements are met. Courts that have been faced with this question have found that agreements entered into via text messages are enforceable borrowing from basic contract formation principles and the reasoning applied to email messages.
Are promises over text legally binding?
Yes. A contract does not need to be in the form of a signed document to be binding.
Is a text message hearsay?
Many text will be classified as hearsay, as they are all statements that were made outside of court. However, many texts will be admitted anyway. The party introducing them will argue that they are not being offered for the truth of the matter asserted in the text.
Does two-party consent apply to text messages?
Two-Party Consent Required: It's illegal to eavesdrop on or record any confidential conversations, including phone calls and digital communications, without consent from all parties, making California a “two-party consent” state.
Can you sue someone for leaking private conversations?
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 sharing screenshots of texts 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 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.
Are my text messages private?
While SMS lacks end-to-end encryption, it still offers some degree of security compared to other forms of communication. For instance, SMS messages are sent over cellular networks, which are generally considered more secure than public Wi-Fi or other internet connections.
Can I sue for unwanted text messages?
If a company has violated the TCPA by sending you unsolicited text messages, you have the right to sue them in federal court. These lawsuits can be filed as individual actions or as part of a class action if many people have received similar messages.
What are the laws for text messaging?
Text Message Laws
The major theme of the TCPA is that you must obtain express written consent from people before sending them promotional text messages. Failure to do so can trigger large class-action lawsuits and penalties of $500 to $1500 per text. The good news is that getting consent isn't that hard.
What is an unsolicited text example?
14 Examples of Spam Messages
Free Prizes, Gift Cards or Coupons. Bank Account Verifications. Texts from Government Agencies. Order Deliveries.