Yes, it is illegal to sign someone up for spam texts. Deliberately entering another person’s phone number into subscription forms or marketing lists to flood their phone with messages can expose you to civil damages of $500 to $1,500 per text under the Telephone Consumer Protection Act, federal criminal charges for identity fraud and computer fraud, and state prosecution for harassment or cyberstalking.
The TCPA Reaches the Person Who Submits the Number
The Telephone Consumer Protection Act, codified at 47 U.S.C. § 227, makes it unlawful to send automated text messages to anyone without their prior express consent.1Office of the Law Revision Counsel. 47 USC 227 – Restrictions on Use of Telephone Equipment Typing someone else’s number into a sign-up form manufactures a fake record of consent, which is exactly the kind of abuse the statute was built to catch.
Liability does not stop at the marketer who hits send. Federal regulations also cover anyone who “causes” an automated message to be sent, so the person who entered the number bears legal responsibility alongside the company that delivered the text.1Office of the Law Revision Counsel. 47 USC 227 – Restrictions on Use of Telephone Equipment The FCC has made unwanted calls and texts its top consumer enforcement priority and investigates potential violations through its Enforcement Bureau.2Federal Communications Commission. Unlawful Communications
The money follows the message. The TCPA gives the victim a private right of action worth $500 for each text that violates the consent rules, or actual losses if higher. When a court finds the violation was willful or knowing, it can treble the award to $1,500 per message.3Office of the Law Revision Counsel. 47 USC 227 – Restrictions on Use of Telephone Equipment Signing someone up for 20 lists that each send a handful of messages can push exposure into five figures within days, and the deliberate submission of a number you know isn’t yours is close to a textbook “knowing” violation.
Federal Criminal Exposure
Beyond civil damages, two federal criminal statutes can apply.
Under 18 U.S.C. § 1028, it is a crime to knowingly use another person’s “means of identification” without authority in connection with any unlawful activity. The statute defines that term broadly enough to include telephone numbers and electronic identification numbers. A baseline identity fraud violation carries up to five years in federal prison, with higher maximums when the fraud produces significant value or involves repeat offenders.4Office of the Law Revision Counsel. 18 US Code 1028 – Fraud and Related Activity in Connection With Identification Documents, Authentication Features, and Information
The Computer Fraud and Abuse Act, 18 U.S.C. § 1030, adds a second layer. The CFAA prohibits knowingly transmitting information or commands to a protected computer with intent to cause damage, as well as accessing a protected computer to further fraud. Any computer used in interstate commerce qualifies as protected, which covers essentially every web server that accepts sign-ups. A first-time fraud offense under the CFAA carries up to five years in prison, doubled to ten for a repeat offense.5Office of the Law Revision Counsel. 18 US Code 1030 – Fraud and Related Activity in Connection With Computers
Federal prosecutors are unlikely to charge a one-off prank under either statute. Both become realistic options when the conduct is sustained, targeted, or part of a broader harassment campaign.
State Harassment and Cyberstalking Charges
Most states have criminal harassment or cyberstalking statutes that reach the deliberate use of electronic communications to cause substantial emotional distress, and many specifically define “electronic communication harassment” to include initiating unwanted contact through digital means. Signing someone up for dozens of marketing lists is the kind of repetitive, calculated conduct these laws target.
Penalties vary by state, but the pattern is consistent:
- Most first-time offenses are misdemeanors carrying up to one year in jail and fines ranging from a few hundred to several thousand dollars.
- Conduct that involves a pattern of stalking, threats, or a protected victim often escalates to a felony with multi-year prison exposure.
- Criminal courts can order restitution covering costs like changing a phone number, data overage charges, or time lost dealing with the fallout.
The line between annoying prank and criminal harassment is thinner than most people assume. When someone’s phone becomes unusable because of what you did, that disruption is the harm the statute addresses.
Suing Someone You Can’t Identify
Not knowing who signed you up does not stop a lawsuit. Courts allow John Doe filings when the defendant’s identity is unknown at the start. Once the case is open, you can subpoena the websites where your number was submitted to get the IP address used during sign-up, then subpoena the internet service provider to identify the account holder. Under 18 U.S.C. § 2703, civil litigants and law enforcement can compel ISPs to disclose subscriber records, including names, addresses, and connection logs, through a court order or subpoena.6Office of the Law Revision Counsel. 18 US Code 2703 – Required Disclosure of Customer Communications or Records Courts generally require reasonable efforts to notify the anonymous defendant and a showing that unmasking is necessary, but viable TCPA claims routinely clear that bar.
TCPA claims fall under the four-year federal statute of limitations for civil actions arising under post-1990 federal statutes, with the clock running from the date each unwanted message is received.7Office of the Law Revision Counsel. 28 US Code 1658 – Time Limitations on the Commencement of Civil Actions Arising Under Acts of Congress Beyond statutory TCPA damages, victims can bring common-law claims for invasion of privacy or intentional infliction of emotional distress, and courts routinely add attorney’s fees and costs to the final judgment.
What to Do If It Happened to You
If someone has signed you up for a wave of unwanted texts, work several tracks at once.
- Forward spam texts to 7726 (SPAM). Most carriers accept forwarded spam at this short code and use it to block similar messages across the network.8Federal Communications Commission. Stop Unwanted Robocalls and Texts
- File a report at ReportFraud.ftc.gov. The FTC uses these reports to build enforcement cases and track patterns of abuse.9Federal Trade Commission. How to Recognize and Report Spam Text Messages
- Submit a complaint through the FCC’s consumer complaint center under the “unwanted calls/texts” category. The FCC does not resolve individual complaints but uses them as the basis for enforcement actions.10FCC Complaints. Unwanted Calls/Texts – Phone
- If someone used your number to create accounts in your name, report it at IdentityTheft.gov, which generates a recovery plan and enters your report into the Consumer Sentinel database used by law enforcement.11Federal Trade Commission. IdentityTheft.gov
- Screenshot every spam text with the sender’s number, the date and time, and the content. That documentation is the foundation of any civil claim.
Do not click links in spam messages, and do not reply, not even “STOP.” A reply to a message you never signed up for confirms your number is active and tends to bring more. Use your phone’s built-in blocking tools or a spam-filtering app to control the volume while you pursue reporting and, if the facts warrant, a lawsuit.