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In the United States, an unwanted message can lead to legal action when it violates a law—not simply because it is unwanted. Commercial email is chiefly governed by CAN-SPAM, while certain marketing texts and robocalls may fall under the Telephone Consumer Protection Act (TCPA) and Federal Communications Commission (FCC) rules. The facts that matter include the message type, its purpose, how it was sent, whether you consented, and whether you withdrew that consent. This is a federal overview; state laws may provide additional protections.
What makes a spam message legally actionable?
“Spam” is a colloquial label, not a single legal category. A marketing email, a text to a wireless number, and a deceptive message may be subject to different rules. A recipient generally needs more than an unwanted message to establish a violation or obtain compensation: the conduct must meet the elements of a law that applies to that sender, message, recipient, and technology.
Federal agencies may investigate and pursue enforcement even when an individual recipient cannot bring a private lawsuit. Conversely, a consumer complaint to an agency does not itself establish a legal violation or guarantee compensation.
When commercial email violates CAN-SPAM
The CAN-SPAM Act applies to commercial email whose primary purpose is advertising or promoting a commercial product or service, including promotion of commercial website content. It is not limited to mass blasts: a single commercial email may be covered, and business-to-business messages are not categorically exempt. The Federal Trade Commission (FTC) summarizes the requirements in its CAN-SPAM compliance guide.
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What senders must do
- Use accurate routing and header information, and avoid deceptive subject lines.
- Identify advertising as required and include a valid physical postal address.
- Provide a clear, working way to opt out and honor opt-out requests.
A company remains responsible for compliance even if it hires a vendor to send its marketing emails. The FTC says both the company whose product is promoted and the company that originates the email may be responsible, depending on the facts.
Who can take action—and what the penalty figure means
The FTC is the primary federal enforcer of CAN-SPAM. The law also authorizes certain private entities, including internet access service providers, to bring actions; it does not give an ordinary recipient a general CAN-SPAM damages lawsuit merely for receiving spam. The FTC’s guide, edited in January 2024, lists a maximum civil penalty of up to $53,088 for each separate violating email. That is an inflation-adjusted maximum in the guide, not an automatic award to the recipient; check the FTC’s current guidance for any later adjustment.
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When a spam text may violate the TCPA
The TCPA restricts certain calls to wireless numbers, and the FCC has interpreted its protections to include text messages. Whether a particular text is covered depends on the number contacted, the message and its purpose, the technology used, any consent or withdrawal, applicable exceptions, and current statutory and court interpretations. “It was automated” or “I did not want it” is not by itself enough to show that every element of a claim is met.
Marketing texts, technology, and consent
FCC materials describe a written-consent requirement for certain telemarketing using an autodialer or prerecorded voice to wireless numbers. The Supreme Court’s interpretation of “automatic telephone dialing system,” as well as later rules and court decisions, can affect how a technology is assessed. A mass text is therefore not automatically actionable simply because it was sent in bulk.
The FCC has said that internet-to-phone text messages can be covered and that certain apps sending messages to all or substantially all text-capable U.S. numbers require consumer consent. In a 2015 order, the FCC stated: “From the recipient’s perspective, Internet-to-phone text messaging is functionally equivalent to phone-to-phone text messaging.” That is the agency’s interpretation of recipient harm; it does not mean every delivery method is identical for every element of liability. Ordinary phone-to-phone SMS is generally not governed by CAN-SPAM, according to an FTC staff Q&A, though the TCPA, FCC rules, and other protections may still matter.
Consent revocation and opt-outs
FCC rules and orders address how consent may be revoked and how opt-outs must be handled. The applicable details depend on the communication and program, so “reply STOP” should not be treated as a universal legal rule for every sender and message. If you may need to show that you withdrew consent, preserve the original message and the time and method of your opt-out request, along with any response.
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Potential private damages
Under 47 U.S.C. § 227, a qualifying TCPA violation can support statutory damages of $500 per violation or actual monetary loss, whichever is greater; a court may increase statutory damages up to three times for a knowing or willful violation. This is conditional, not a payment automatically owed for every unwanted text. A claimant still has to establish that the message and conduct fall within a covered restriction and meet other legal and procedural requirements, as well as address any defenses or exceptions.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Deceptive messages can raise additional issues
A message campaign may involve more than unlawful sending. Deceptive “free” offers, unwanted charges, collection and sale of personal information, or illegal robocalls can raise separate enforcement concerns. For example, the FTC reported an approximately $10 million settlement in a 2014 matter involving mass texts, robocalls, and mobile cramming. In a separate 2013 case, the FTC alleged more than 20 million spam text messages and reported a $60,950 monetary judgment, suspended because of inability to pay. Those are case-specific enforcement outcomes, not a general per-message fine or a forecast of what another sender will owe. See the FTC’s accounts of the 2014 settlement and the 2013 case.
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What to do if you receive unwanted messages
- Save evidence. Keep the message, its date and time, sender information, relevant opt-in or account records, and any opt-out request and response. Avoid deleting details that may help identify who sent it or how.
- Use a suitable opt-out when appropriate. Follow the sender’s stated opt-out process for commercial email or a relevant text program, and preserve proof of what you sent. The legal effect depends on the applicable rules and facts.
- Report unwanted calls or texts to the FCC. The FCC accepts consumer complaints about unwanted calls and texts, but says its process does not resolve each individual dispute or guarantee compensation. Complaints can inform agency policy work and potential enforcement. Details are on the FCC consumer complaint page.
- Contact your carrier or seek legal advice. Your carrier may offer tools to block or report messages. If messages continue, involve deceptive conduct, or you are considering a claim, a lawyer can assess the facts and applicable state and federal law.
Which facts can change the answer?
- Channel: commercial email, phone-to-phone SMS, internet-to-phone text, or voice call/robocall may be governed by different provisions.
- Purpose and content: marketing, transactional, and deceptive messages raise different questions.
- Consent: whether you consented, how consent was obtained, and whether and when you withdrew it can matter.
- Sending method and recipient: the technology, number contacted, and identity of the sender may affect coverage.
- Jurisdiction and remedy: state law, filing deadlines, venue, and procedural requirements can change the analysis. A federal overview cannot determine whether a particular person has a viable claim.
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