Is it illegal to send scam text messages?
Yes — sending fraudulent or deceptive text messages is illegal in virtually every jurisdiction, typically under fraud, computer misuse, and communications offences laws, carrying significant criminal penalties.
Last reviewed: 10 June 2026
Explanation
Sending scam texts (known as 'smishing' when designed to steal information) is a criminal offence in nearly all countries. In the UK it can constitute fraud under the Fraud Act 2006 (fraud by false representation), potentially combined with offences under the Computer Misuse Act 1990 and the Communications Act 2003. Penalties include substantial fines and imprisonment.
In the United States, the Computer Fraud and Abuse Act, the Telephone Consumer Protection Act, and various state fraud statutes all create criminal and civil liability for mass fraudulent text campaigns. The FTC and FCC actively investigate and prosecute smishing operations.
Sending a single deceptive message with intent to gain financially or cause someone to act to their detriment is typically sufficient to constitute fraud. The sender does not need to actually succeed in stealing money — the attempt itself is criminal. Using spoofed sender IDs to impersonate banks or government agencies adds further offences in most jurisdictions.
If you receive scam texts, reporting them to the relevant authority (7726 / SPAM in the UK and US, or your national fraud body) helps build cases against operators. This is general information rather than a specific legal opinion.
Common red flags
- Message asks you to click a link and enter banking or personal details
- Sender ID appears to be a bank or government agency but the message is unexpected
- Message creates false urgency ('your account will be closed in 24 hours')
- Link in the message leads to a site that is not the organisation's genuine domain
- Grammar and spelling suggest a mass automated message
What to do now
- Do not click any links in the suspicious message
- Forward the message to 7726 (SPAM) on your mobile network in the UK or US
- Report to Action Fraud (UK), the FTC (US), or your national fraud authority
- Block the sender number on your device
- If you did click and enter details, contact your bank immediately
- Alert family members who may receive similar messages
Frequently asked questions
Can smishing operators be prosecuted if they are abroad?
Yes, in many cases. If the fraud targets victims in a particular country, that country often asserts jurisdiction. International cooperation through Interpol, Europol, and bilateral treaties has led to prosecutions of overseas smishing rings.
What if I accidentally sent a scam text because my phone was hacked?
If your device was compromised and sent messages without your knowledge, you are generally not criminally liable as intent is a required element of fraud. Report the compromise to your carrier and network authority immediately and have your device checked for malware.