Illegal Text Messages (TCPA & State Law)

Unwanted marketing texts, robocalls, and spam SMS are not just annoying — they can be illegal. At FGC Attorneys, we represent Florida consumers who receive unlawful text messages and help them recover damages, stop the abuse, and hold bad actors accountable.

• The federal Telephone Consumer Protection Act (TCPA) restricts unsolicited texts and robotexts to mobile phones and allows consumers to recover statutory damages. A successful TCPA claim can result in statutory damages per violating call or message (and higher damages for willful violations).  
• The FCC treats many unsolicited texts the same as illegal robocalls and provides tools for consumers to report and stop unlawful texts. The agency now actively enforces blocking and Do-Not-Call protections for texts.  
• Florida also has telemarketing rules that regulate text solicitations; for example, state law requires telemarketers to stop text solicitations after a consumer sends a cease notice and limits follow-up contact.

• Sending marketing texts without prior express written consent.
• Using an automated telephone dialing system (ATDS) or prerecorded message to send texts without consent.
• Ignoring “STOP” or other clear opt-out requests and continuing to text.
• Sending texts to numbers on the National Do-Not-Call Registry or using deceptive/sponsored sender IDs.
• Failing to properly document or prove consent when sued (a common issue for marketers and lead generators).

1. Save the messages. Don’t delete the texts — take screenshots and preserve metadata if possible.
2. Note dates & numbers. Record the date/time and the sending number or sender ID.
3. Try the opt-out. If the text provides “STOP” or “UNSUBSCRIBE” instructions, use them and keep proof you did.
4. File complaints. You can file complaints with the FCC and FTC, and report spam to your mobile carrier.  
5. Talk to a lawyer. Some violations permit individual lawsuits (and sometimes class actions) with statutory damages per unlawful text. Acting quickly preserves your evidence and legal options.

• Case evaluation — Free review of your texts and documentation to identify legal violations and damages.
• Cease & desist & settlement negotiations — We demand that the harasser stop and negotiate for compensation.
• Individual and class litigation — We litigate TCPA claims, Florida telemarketing claims, and related consumer protections.
• Prove lack of consent — We investigate whether consent was ever validly obtained and whether lead-generators or third parties are responsible.
• Coordinate regulatory complaints — We help you file FCC/FTC/State complaints to maximize pressure on persistent offenders.

• Monetary recovery for statutory damages (per violating text).
• Court orders or settlements requiring the defendant to stop texting you.
• Attorney’s fees and cost recovery where authorized. (Exact recovery depends on the facts; we’ll explain your likely remedies during a consultation.)

• Hands-on experience with TCPA and Florida telemarketing claims.
• Aggressive, consumer-focused representation — we treat spam and robocalls as more than a nuisance.
• Clear, step-by-step guidance and fast preservation of evidence.

If you’re getting repeated spam or marketing texts you never agreed to receive, do not ignore it. Preserve the messages and contact FGC Attorneys for a free case review — we’ll tell you what you have, what it may be worth, and how we can stop it.