How Colorado law protects consumers from unwanted marketing texts
Unwanted marketing messages are not limited to telephone calls. Businesses also use text messaging to advertise services, promote special offers, and contact prospective customers.
Colorado's telephone solicitation laws expressly recognize certain text messages as regulated communications.
This means a business cannot necessarily avoid state no-call restrictions by replacing a telephone call with a marketing text.
The content and purpose of the message matter.
A text encouraging a consumer to purchase a product may qualify as a telephone solicitation when the statutory conditions are met.
Messages involving account security, service updates, or other nonmarketing purposes may be treated differently.
When is a marketing text considered a solicitation?
Colorado Revised Statutes section 6-1-903 includes text messaging within the definition of telephone solicitation.
The definition generally concerns communications intended to encourage purchases, rentals, or investments in goods, services, or property.
For example, an unsolicited promotional message advertising a home improvement service may fall within this definition.
Whether the message violates the law depends on additional facts.
These include the recipient's registration status, any previous permission, and whether a statutory exception applies.
Local spotlight: Protecting Colorado mobile subscribers
Mobile phones are essential for everyday communication throughout Colorado.
Residents use them for employment, banking, family communication, and access to local services.
Unwanted marketing messages can make it harder to distinguish legitimate communications from deceptive solicitations.
Colorado's inclusion of wireless subscribers in its no-call protections helps address this concern.
Consumers should still understand that the law does not prohibit every commercial text.
Consent requirements and unwanted promotional messages
Consent can affect whether a marketing message is permitted.
Under Colorado law, communications made with a subscriber's prior express invitation or permission may fall outside the state's definition of prohibited telephone solicitation.
Federal law also regulates certain marketing texts, but the applicable requirements depend on the specific legal provision.
Businesses should obtain and maintain appropriate permission before sending promotional communications.
Consumers should review how their telephone numbers are collected and whether they agreed to receive marketing messages.
What to do after receiving unwanted texts
A consumer receiving repeated promotional texts should preserve the original messages.
Screenshots may help document the sender's telephone number, message content, and date of contact.
If the message provides a legitimate opt-out method, the consumer may use it to request that marketing communications stop.
However, suspicious messages should not be trusted merely because they include an unsubscribe link.
Scam messages may use links to collect personal information or direct recipients toward fraudulent websites.
When the sender is unknown, avoiding suspicious links is generally safer.
Consumers can also report suspected violations through appropriate state or federal complaint channels.
Common questions around Colorado spam text laws
Are unsolicited advertising texts illegal in Colorado?
They may be unlawful when they meet the definition of a covered solicitation and violate applicable restrictions.
Does the Colorado No-Call List cover text messages?
Yes. Certain promotional text communications fall within the statute.
Can businesses text former customers?
Sometimes. An established business relationship may affect the state law analysis, but federal requirements can differ.
Can consumers pursue legal action over marketing texts?
Potentially, if the messages violate an applicable law and the requirements for a private claim are met.
Should consumers delete spam texts?
Preserving relevant messages can be helpful when documenting possible violations.
