How North Carolina law applies to unwanted text messages
Spam text messages are a common source of unwanted advertising, suspicious offers, and misleading promotions.
Although many people associate telemarketing regulations with voice calls, North Carolina's telephone solicitation law also covers certain text communications.
Under § 75-101, the statutory definition of telephone solicitation includes qualifying voice and text communications.
This means some promotional messages sent to mobile phones are subject to restrictions similar to those governing sales calls.
What makes a marketing text a telephone solicitation?
The message's purpose is important.
A text encouraging someone to purchase goods, rent property, invest in a service, or participate in certain promotional activities may qualify as a telephone solicitation.
A message requesting information for a later sales effort can also fall within the definition.
By comparison, a requested account notice or service confirmation may not be a telephone solicitation merely because a business sends it.
The distinction depends on the message's content and the applicable statutory requirements.
Consent and unwanted promotional messages
Businesses often collect telephone numbers through purchases, inquiries, registrations, and online forms.
Providing a telephone number does not necessarily mean a consumer has agreed to every type of future promotional communication.
Consent must be evaluated under the particular law governing the message.
North Carolina's definition of express invitation or permission includes specific documentation requirements.
Federal law also contains consent rules that vary according to the communication method and circumstances.
Why opting out matters
Consumers should communicate clearly when they no longer want promotional texts from a particular business.
Preserving the opt-out request helps document the consumer's instructions.
If messages continue, screenshots can show their content and timing.
A useful screenshot should preserve the sender's number or identifier, the message, and the date.
Consumers should avoid responding to suspicious messages from unknown senders merely to verify whether the sender is legitimate.
Local spotlight: Mobile telephone privacy in North Carolina
North Carolina's telephone solicitation definitions expressly include wireless telephone communications.
The law's protections are not limited to traditional residential landlines.
A covered promotional text sent to a North Carolina wireless subscriber may raise state-law issues even when the sender operates outside North Carolina.
This broad definition helps account for the ways businesses now communicate with consumers.
Can spam texts result in statutory damages?
Qualifying telephone solicitation violations may support civil remedies under § 75-105.
The statute provides damages of $500 for the first violation, $1,000 for the second, and $5,000 for qualifying later violations within the specified period.
However, not every unwanted message meets the requirements for recovery.
The message's purpose, applicable exceptions, proof of consent, and identity of the sender all matter.
Common questions around North Carolina spam text laws
Are unsolicited marketing texts illegal in North Carolina?
Some are. Promotional messages may violate state or federal law when they meet the applicable statutory requirements.
Does the Do Not Call Registry apply to text messages?
North Carolina's telephone solicitation definition includes certain text communications, so registry restrictions may apply to covered promotional texts.
Can a company text me after I request no further marketing?
Continued covered solicitations may violate applicable opt-out requirements.
Should I delete spam messages?
Preserving potentially unlawful messages may help document a complaint or legal claim.
Can I pursue a claim for repeated promotional texts?
Potentially, when the messages satisfy the requirements of an applicable state or federal law.
