Spam calls and texts are everywhere. We’ve all received robocalls about fake warranties or messages promoting scams or services we’ve never signed up for. And after a while, these intrusions can feel invasive, overwhelming – even intimidating.
What many people don’t realize, though, is that a large portion of these calls and texts are actually illegal. The question is, when do they cross that line?
Why Spam Calls Are So Common
Every day, billions of unwanted calls and texts are sent to Americans. Advances in technology allow telemarketers and scammers to blast out messages at almost no cost to them, which has caused the volume and frequency to go way up in recent years.
Robocalls are one of the most common culprits. (So are spam texts, often disguised as delivery updates, prize offers, or urgent warnings about IRS violations.) Many of these messages are scams trying to trick you into sharing personal information. Others come from companies that are simply ignoring federal law.
Understanding TCPA Protections
To combat the flood of unwanted calls, Congress passed the Telephone Consumer Protection Act (TCPA) in 1991. The TCPA restricts how companies can use auto-dialers, prerecorded messages, and text blasts.
Under the TCPA, businesses must have your prior express consent before they can use these methods to contact you. And if you’ve placed your number on the National Do Not Call Registry, telemarketers are prohibited from calling you altogether – unless they have an existing business relationship with you or you’ve specifically given permission.
Violating the TCPA can result in hefty penalties for the caller, including damages payable to consumers for each illegal call or text.
When Spam Crosses the Line Into Illegal
Not every unwanted call is illegal. For example, if you’ve given a company permission to contact you, they can still reach out until you revoke consent. But many spam calls and texts do cross the line.
As attorney Jibrael S. Hindi explains, “This type of call or text is illegal under the TCPA if you have not permitted the entity to contact you. Unless you’ve provided prior express consent to be contacted.”
That means:
- If you’ve never done business with the company, and they call you repeatedly – it’s likely illegal.
- If you pick up and no one responds because the call was placed by an auto-dialer – that’s a violation.
- If you receive prerecorded messages without your permission – that’s also a violation.
- If you get texts from an unknown sender promoting a product or service you never signed up for – again, illegal.
In short, spam becomes illegal when it’s done without your consent and through methods specifically restricted by the TCPA.
Common Examples of Illegal Spam Calls and Texts
To make this more concrete, here are some scenarios that often fall into TCPA violations:
- Silent calls: You answer, no one speaks, then the call disconnects. (Sound familiar?) These usually come from predictive dialers that call multiple numbers at once.
- Debt collection harassment: Calls from agencies about debts you don’t owe, or from companies that refuse to stop calling after you’ve told them not to.
- Unsolicited sales pitches: Pre-recorded messages about health insurance, vacations, or “special offers” you never signed up for.
- Spam texts: Marketing texts about promotions, giveaways, or political campaigns sent without your express permission.
What You Can Do in the Moment
When you get a call or text that feels like spam, the best thing you can do is avoid engaging with it. Don’t press buttons or reply to texts, because doing so can signal to spammers that your number is active and may actually invite more unwanted contact.
Instead, hang up or delete the message right away. You can then block the number using your phone’s built-in tools or by activating spam-blocking features offered by your carrier.
It’s also a good idea to report the incident to federal regulators, such as the Federal Communications Commission (FCC) or the Federal Trade Commission (FTC). While these steps won’t prevent every spam call, they can reduce repeat offenses and help authorities crack down on illegal operations.
Beyond reacting to each call, you can take proactive steps to reduce your exposure. Register your number on the National Do Not Call Registry to block most telemarketers.
When to Consider Legal Action
If you’re receiving repeated illegal calls or texts, you don’t have to just accept it as the cost of having a phone. The TCPA gives you the right to take action. Consumers can recover between $500 and $1,500 per illegal call or text, depending on whether the violation was willful.
That means if you’ve been harassed with dozens – or even hundreds – of unwanted calls, you may be entitled to significant compensation. A consumer rights attorney can help you determine whether you have a case and guide you through the process of holding the caller accountable.
Putting it All Together
Not every spam call is illegal, but many are. If you haven’t given consent, and you’re dealing with prerecorded messages, auto-dialers, or repeated calls from unknown companies, chances are your rights under the TCPA are being violated.
You don’t need to tolerate it. As we’ve shown, there are ways you can push back against illegal spam and reclaim some peace of mind. Because while spam calls may be common, that doesn’t make them lawful. And the more consumers who assert their rights, the harder it becomes for spammers to get away with it.