Start with the offer and your permission

Promotional texts can raise Do Not Call or qualifying-autodialer issues. A message advertising a discount, insurance quote, or other product is different from a personal text sent to the wrong number. The wording and full conversation matter.

Tell us whether you subscribed, requested information, made a purchase, or shared your number with the business. Not remembering a signup is different from knowing that you never agreed. Preserve any available confirmation or consent language.

Which TCPA protection may fit?

Do Not Call protections can apply to marketing texts. A separate theory may involve a legally qualifying automatic telephone dialing system. A short code, personalized greeting, or automated-looking message does not establish that technology by itself.

A text-only message is not a prerecorded-voice call simply because a computer sent it. You do not need to choose the legal theory before contacting us; provide the messages and the surrounding history.

If texts continued after STOP

Keep your opt-out reply, any acknowledgment, and every later message. Show the sender and timestamps, not just a cropped excerpt. An ordinary confirmation of an unsubscribe request is different from another promotional offer.

List the messages in order and explain whether the sender, brand, or subject changed. The scope of the request, applicable processing rules, and dates need review. Do not assume that every message after an opt-out has the same legal significance.

Keep the full thread and the original messages

Screenshots help organize a consultation, but keep the original conversation too. If a link or company name appears, capture it without opening suspicious links. You can preserve evidence and then block a sender; there is no need to keep engaging.

  • The first message and the complete conversation.
  • The sender’s number or short code, dates, and times.
  • The business named and what was promoted.
  • Any subscription, purchase, or quote request.
  • Your STOP reply, confirmation, and later texts.
  • Your Do Not Call registration date, if registered.

When the messages are for someone else

If the text addresses a stranger or references an account you do not recognize, mention that in your consultation. Our wrong-number text guide covers that distinct situation.

Scam messages may impersonate real businesses. Do not provide account information or click unknown links to investigate. Identifying the responsible sender is part of evaluating a potential claim.

Common questions

Can marketing texts violate Do Not Call protections?
Yes, marketing texts can fall within those protections. Registration, any company-specific stop request, permission, the sender’s identity, and the applicable requirements must be assessed.
Does every automated text violate the TCPA?
No. An automated-looking message does not prove use of a legally qualifying autodialer. The purpose, technology, consent history, and specific legal protection matter.
What if I signed up but later unsubscribed?
Save both the signup history and the opt-out. Original permission is part of the review, as are the wording and timing of your later request and the communications that followed.
Should I delete spam texts after taking screenshots?
Keep the originals where possible. Screenshots may omit dates, sender details, or earlier messages. You can block a sender without intentionally inviting more messages.

Keep a record of your calls.

Download a free call log and printable evidence checklist to organize dates, messages, and stop requests before your consultation.

Related guides

Sources & further readingFCC rules - 47 C.F.R. § 64.1200 ↗TCPA - 47 U.S.C. § 227 ↗Supreme Court: Facebook, Inc. v. Duguid ↗

General information, not legal advice. Laws and interpretations can change. An attorney must evaluate your specific facts and any deadlines.