What kind of text messages are illegal?

Asked by: Minnie Smith  |  Last update: February 14, 2025
Score: 4.9/5 (7 votes)

Text messages are considered transactions similar to phone calls, which is why they are covered under the TCPA. Under TCPA, sending spam text messages is illegal and can result in fines starting at $500 per infringement, and reaching as high as $1,500.

What are inappropriate text messages?

Offensive Jokes and Comments: Sending texts that contain offensive jokes, comments, or derogatory remarks about an individual's gender, appearance, or personal characteristics. Cyberbullying: Engaging in a pattern of offensive or harassing texts with the intent of demeaning or intimidating the recipient.

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.

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.

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.

Scam texts from unknown numbers could infect your phone with malware

15 related questions found

What is dry texting?

As a phrase, “dry texting” is relatively recent in the grand scheme of things. It refers to people who reply with one word, or don't carry the conversation and just say things like “lmao” and “wyd” until the receiver wants to tear their hair out in frustration or boredom.

Can you go to jail for texting someone?

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 unsolicited texts illegal?

An unsolicited text or call (yes, each call or text message) counts as a violation of the law, which can quickly amount to millions of dollars in penalty fines.

What are the new texting rules?

Identification: Text messages must clearly identify the sender or the business on whose behalf the message is being sent. This can be done by including the sender's name, contact information, or a recognizable brand name.

Why is texting illegal?

Because engaging in distracting behaviors with a phone like dialing, talking, or texting is so dangerous (it increases the risk of getting into a crash by three times), The California Office of Traffic Safety started the “Put Your Phone Down.

Is it illegal to take pictures of someone's text messages?

The Electronic Communications Privacy Act (ECPA) is a federal law that makes it a crime to access someone else's private communications without permission. It covers cell phones, computer use, email, social media accounts, and other types of electronic communications.

Can deleted text messages be recovered?

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 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.

What should you not do in a text message?

Apply common sense and consider how you would feel getting such news via text.
  • Don't end a relationship. ...
  • Don't express unrequited feelings of love, the flip side of No. ...
  • Go easy on ALL CAPS. ...
  • Avoid sarcasm. ...
  • Understand emojis. ...
  • Be wary of abbreviations. ...
  • Don't write an opus. ...
  • Watch typos.

How many texts are considered harassment?

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. Naturally, this would not be considered harassment.

What are 2 examples of inappropriate content?

Inappropriate content may include: sexually explicit material • false or misleading information • violence • extremism or terrorism • hateful or offensive material. The exposure of young people to inappropriate content is difficult to measure because many instances go unreported.

What is the 3 day texting rule?

Say, for example, the three-day rule. Popularized by the romcom, the three-day dating rule insists that a person wait three full days before contacting a potential suitor. A first-day text or call is too eager, a second-day contact seems planned, but three days is, somehow, the perfect amount of time.

What is considered inappropriate texting?

Some examples of inappropriate texting activity that may signify emotional cheating include: Sexting. Flirting and engaging in playful banter. Intimately emotionallyHaving intimate conversations.

Is it legal 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.

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 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.

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.

Are screenshots of text messages admissible 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 is a threatening text message?

An ELECTRONIC MESSAGE THREAT is a threat received through direct messaging, email, or social media. It may include threats of blackmail or adverse consequences if the recipient does not comply.

Does the government read your texts?

Can the government read your texts and emails? Unfortunately, there is a technical capability to access both texts and emails. Depending on the circumstances, the government may examine your private conversations.