What states have text messaging laws?

Asked by: Rosemarie Eichmann  |  Last update: May 24, 2025
Score: 4.7/5 (7 votes)

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.

Is texting illegal in all states?

Currently, 49 states, D.C., Puerto Rico, Guam, the Northern Mariana Islands and the U.S. Virgin Islands ban text messaging for all drivers. All but six have primary enforcement.

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 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.

Are unsolicited text messages 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.

State lawmakers push to tighten texting-while-driving laws

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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.

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.

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.

How legally binding is a text message?

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.

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.

How many messages are considered spam?

There is no official anti-spam guidance for the maximum number of message you may send in one campaign. However we would recommend splitting your campaigns into manageable chunks, ie: 20,000 per campaign, and scheduling the sending of these message with short intervals between them, ie: 15 – 30 minutes.

Is it illegal to go through someone's messages without them knowing?

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.

Which states are hands-free states?

These hands-free states include:
  • Alabama.
  • Arizona.
  • California.
  • Connecticut.
  • Delaware.
  • District of Columbia.
  • Georgia.
  • Hawaii.

Is texting illegal in Florida?

The law prohibits the manual typing or entering of multiple letters, numbers, or symbols into a wireless communications device while operating a motor vehicle in order to text, email, and instant message.

Is texting illegal in Texas?

It is against the law to text, email, tweet, or post while operating a motor vehicle. The penalty for texting while driving is a $99 fine for the first offense, and any subsequent violation will result in a $200 fine. Fines can increase substantially if the driver causes an accident while distracted driving.

How many states currently ban texting?

Text messaging ban: 49 states, D.C., Puerto Rico, Guam and the U.S. Virgin Islands ban text messaging for all drivers. Other states prohibit handheld cellphone or all cellphone use by all or certain drivers in certain zones.

Can I text while driving?

In your hand - Illegal

A quick and easy way to remember the rule is that the phone should never be in your hands while the engine is running. So texting, Snapchatting, or picking up a call is a bad idea – even answering quickly to say “I'm driving, I'll call you back!” is a big no.

What states have the no-phone law in school?

As of November 12, 2024, ten states had enacted laws or policies on K-12 classroom or school cellphone usage. Five states—California, Florida, Indiana, Louisiana, and South Carolina—used the legislative process to ban cellphones in classrooms.

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.

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.

What is the federal texting law?

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 up to $500 per text.

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 go to jail for text messages about drugs?

Your involvement may simply be as a witness to build a case against the drug dealer. It's also possible that the text could lead to a criminal investigation against you, but as stated before, the criminal investigation would likely be for drug possession, not for just texting about drug use.

Is it against the law to text without consent?

Telephone Consumer Protection Act

The TCPA was enacted in 1991 and applies to automatic means for communicating via telephone, fax, and text unless express written consent has been granted. This act prohibits businesses from going through a list of numbers and automatically calling or texting them.