Spam Text Message Cases
Dapeer Law holds companies accountable for blasting consumers with unwanted marketing texts and robocalls. We litigate individual and class action claims under the federal TCPA, Florida's FTSA, and other state telemarketing laws, on behalf of clients nationwide.
You pay nothing out of pocket. If we recover, our fee and case costs are paid from the recovery or by the defendant. Free, confidential review. Recovery is not guaranteed; every case depends on its facts.
Why spam texts are a legal problem, not just an annoyance
Text messaging is the most intrusive marketing channel there is. Texts interrupt in real time, arrive at all hours, and reach the device people keep within arm's length around the clock. That is exactly why Congress and state legislatures put strict legal limits on who may send marketing texts, when, and with what permission.
When companies ignore those limits, the law does something unusual: it attaches a fixed dollar amount to every violation. A consumer does not need to prove they lost money. Receiving the unlawful message is the injury, and the statutes set damages of $500 per violation, up to $1,500 when the violation is willful or knowing. Because senders rarely text one person at a time, the same misconduct usually affects thousands of people, which is why spam text litigation is often brought as a class action.
Dapeer Law focuses on consumer protection litigation. We investigate mass texting campaigns, identify the businesses behind them, and pursue the statutory damages the law provides, for individuals and for classes. If you're currently receiving spam texts, our active spam text investigation explains exactly what to save and how to submit your messages for a free attorney review.
The laws we enforce
Three overlapping bodies of law protect consumers from unwanted texts and calls. We evaluate every case under each of them.
The TCPA
The Telephone Consumer Protection Act restricts autodialed and prerecorded calls and unsolicited marketing texts nationwide, protects numbers on the National Do Not Call Registry, and requires senders to honor opt-outs. Damages: $500 to $1,500 per violation.
The FTSA
Florida's Telephone Solicitation Act requires prior express written consent for automated marketing texts to people in Florida, restricts calling hours and frequency, and gives senders 15 days to honor a STOP reply. Damages: $500 to $1,500 per violation.
State mini-TCPAs
A growing number of states, including Washington, Oklahoma, and Texas, have their own telemarketing statutes with private rights of action. Where a client's state offers stronger protection than federal law, we pursue it.
Common violations we litigate
If any of these sound familiar, the sender may owe you statutory damages.
Texts after STOP
Marketing texts that keep arriving after you opt out. Under the FTSA, senders get 15 days to comply; after that, each text can be a separate violation.
Do Not Call Registry violations
Two or more telemarketing texts or calls in 12 months from the same company to a number registered on the DNC list for at least 31 days.
Texts without written consent
Automated marketing texts from companies you never gave prior express written consent to, or whose consent records don't hold up.
Robocalls and prerecorded voicemails
Autodialed calls, artificial voice calls, and prerecorded or ringless voicemails delivered without the consent the law requires.
Calls at prohibited times
Telephonic sales calls before 8 a.m. or after 8 p.m., or more than three calls in 24 hours on the same subject, in violation of Florida law.
Spoofed and anonymous senders
Marketers who hide behind rotating numbers or fail to identify themselves. Tracing these senders is a core part of our investigations.
Scam texts vs. illegal marketing texts
Not every unwanted text is the same, and the right response depends on who is really behind the message.
Scam texts: don't engage
Scam texts come from criminals, often overseas, whose goal is to steal from you, not to sell to you. Common tells:
- Impersonates a bank, delivery service, toll agency, or government office
- Manufactures urgency: a frozen account, an unpaid fine, a missed package
- Pushes you to click a link, share verification codes or personal information, or send money
- Comes from a number or email-style sender you can't identify
Never reply, click links, or call back; responding tells scammers your number is live. Screenshot the message, forward it to 7726 (SPAM) to report it to your carrier, and keep the thread. If the sender traces back to a real business, legal options may still exist.
Illegal marketing texts: document and act
Illegal marketing texts come from real companies selling real products; they just broke the law to reach you. Common tells:
- Promotes a recognizable brand, store, or service, often with discount codes or sale links
- You never gave the company written consent, or the texts continued after you replied STOP
- Sent to a number on the Do Not Call Registry
- Includes opt-out language like "Reply STOP to unsubscribe"
These are the messages the TCPA and FTSA were built for, and the sender can be held accountable. Reply STOP once, screenshot everything, and submit the texts to our investigation for a free attorney review.
How a spam text case proceeds
Most clients spend less than an hour on their case from start to finish. Here is the typical arc.
Free review
You submit screenshots of the texts through our investigation page. An attorney reviews them and tells you whether the law appears to have been violated.
Investigation
We identify the sender, examine consent and opt-out records, and determine how many people received the same campaign.
Demand or filing
Depending on the facts, we pursue resolution by demand or file suit, individually or on behalf of a class, under the TCPA, FTSA, or both.
Resolution
Cases resolve by settlement or judgment. We collect attorney's fees only if there is a recovery, and class settlements require court approval.
Currently receiving spam texts?
Our active investigation page walks you through exactly what to screenshot and lets you submit your messages for a free attorney review in about two minutes.
Consumer protection is our core practice
- Class action experienceDapeer Law is a consumer protection and class action firm. Telemarketing privacy cases sit alongside our data breach, false advertising, and BIPA practices.
- Florida home courtHeadquartered in Hallandale Beach, we know the FTSA, Florida's powerful spam text law, from the inside.
- Nationwide reachWith offices in Florida, New York, and California, we represent clients across the country, working with local counsel where required.
- No recovery, no feeWe handle these cases on contingency. You pay nothing out of pocket, and if we recover, our fee and case costs are paid from the recovery or by the defendant.
Talk to us directly
520 S. Dixie Hwy, #240, Hallandale Beach, FL 33009
(954) 799-5914
156 W. 56th Street, #902, New York, NY 10019
(917) 456-9603
11500 W. Olympic Blvd., #550, Los Angeles, CA 90064
(323) 701-0508
Spam text cases, explained
Background questions we hear from people considering a claim. For qualification specifics, see the investigation page.
Is it really worth suing over a few text messages?
Often, yes, because the law sets fixed damages of $500 to $1,500 per violation regardless of any monetary loss, and because you pay nothing out of pocket to pursue a claim with us. Beyond the dollars, these cases are how the law actually gets enforced: companies stop spamming when it costs them.
Can companies ever legally text me marketing messages?
Yes. Marketing texts are legal when you gave the sender prior express written consent, typically by checking a box or signing up with your number, and they honor your right to opt out. The violations happen when companies text without valid consent, ignore STOP requests, or contact numbers on do-not-call registries.
Will I have to go to court?
Usually not. Many individual claims resolve through demand and negotiation, and class members in a class action typically participate without appearing in court at all. Class representatives take a more active role. If a case does require testimony, we prepare you thoroughly, but for most clients the process is handled entirely by our team.
How long does a spam text case take?
It varies widely with the facts. Individual claims resolved by negotiation can conclude in months, while contested class actions can take considerably longer, sometimes years, because class settlements require court approval. We keep clients informed at every stage, and you pay nothing out of pocket along the way.
What does it mean to be a class representative?
The class representative is the named plaintiff who brings the case on behalf of everyone who received the same unlawful texts. They review key decisions, stay in contact with our team, and represent the class's interests. Courts may approve a service award for class representatives in addition to their share of any recovery, though awards are never guaranteed.
The texts I'm getting look like outright scams. Can you still help?
Sometimes. Pure scam texts from overseas fraudsters are hard to pursue civilly, and you should never reply to or click links in them. But many "scammy" looking texts trace back to real U.S. businesses and lead generators who can be held accountable. Send us screenshots and we'll tell you which kind you're dealing with.
The law is on your side. Use it.
If unwanted marketing texts are hitting your phone, two minutes on our investigation page will tell you what to do next.
Start With the Free InvestigationAttorney Advertising. Dapeer Law, P.A. is a consumer protection and class action law firm representing clients nationwide. The information on this page is for general informational purposes only and is not legal advice. Viewing this page or submitting a form does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Statutory damages described above are maximums provided by law; actual recovery depends on the facts of each case, and recovery is not guaranteed. Contingency fee representation: you pay nothing out of pocket; if there is a recovery, attorney's fees and case costs are paid from the recovery or by the defendant.