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Ing to the Telephone Consumer Protection Act (TCPA), which has been the FCC's leading regulation in electronic communications since 1991, businesses and organizations must obtain written consent from individuals before sending them any text messages.

The state or federal rules of evidence determine what types of evidence are admissible. In most courts around the country, text messages are admissible. With that being said, there are a couple of hurdles that a party must clear before a judge will allow a text message to be admitted as evidence.

The answer is a tentative ?yes.? You can sue a telemarketer for unsolicited text messages, albeit with certain qualifiers. There will be different restrictions and requirements depending on your state, as the state court will hear the TCPA violation lawsuit being brought.

A text message has to be ?authenticated? in order to be admissible. This sounds complicated, but it essentially means that an attorney must prove that a text message was written and sent by the person the attorney claims it was written and sent by.

Even though it might seem unusual, screenshots are admissible evidence. Yes, you can use them as legal proof, but you can't just present them and expect everything to be okay. Time and date matter a lot in a litigation process.

Courts often accept the sworn testimony of cell phone users who says their own screen shots or stored text messages are accurate renditions of messages they received.

1 attorney answer As required by our Legal Terms, attorneys must disclose if any AI is used in answering your question. The text message would not be considered a contract, rather it would be used as evidence to prove that the contract existed. It demonstrates the terms that you both agreed on the contract...

Text message records must be obtained from a party's cell phone provider. An attorney can obtain a court order or subpoena to get the records directly from the service provider. However, there are limitations on what the provider can produce.

But there are statutory requirements regarding what needs to be in writing, and also the form and delivery of the writing. To date, few jurisdictions consider texting to be legal written notice, and none consider them to be legal documents.