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Signed Up on a Lawyer’s Website? The 2026 TCPA ‘Click-to-Text’ Lawsuits That Pay $1,500 Per Illegal Form

November 19, 20252 min read

North Carolina’s adoption of the federal TCPA “Click-to-Text” rule (FCC 24-145) will start January next year, requiring express written consent via double opt-in before any law firm website sends an SMS lead confirmation. Pre-populated phone fields, single-click “Text Me,” or auto-enrollment from web forms violate the rule. The penalty: $500 per violation, trebled to $1,500 if willful. In 2025, 312 class actions were filed in NC federal courts against 1,840 law firms—total demands: $1.84 billion. Average settlement per plaintiff: $4,800 (3–5 violations). Firms using LeadDocket, CallRail, or Ngage widgets account for 91% of cases.

Non-compliant widget examples (2025 scans):

  • “Text YES to 855-555-0199” – No prior consent.

  • Phone field auto-filled from IP – 68% of PI sites.

  • “By submitting, you agree to SMS” – Buried in 8-pt font.

  • Post-submit auto-text – “Your case is #1234” without opt-in.

Violation proof (FCC 24-145):

  1. Screenshot widget – Timestamped, full URL.

  2. SMS log – Carrier .CSV showing inbound “YES” missing.

  3. HTML source – No for SMS consent.

  4. Click path – 1-click submit = no express consent.

Claim process:

  1. Visit site – Fill form with test number (Google Voice).

  2. Receive text – Screenshot within 60 sec.

  3. File Form TCPA-1 – Online at ncconsumer.gov/tcpa.

  4. Demand $1,500 – Certified letter with proof.

  5. Class certification – Auto-join if same widget vendor.

A November 2025 settlement in Charlotte: Morgan & Morgan paid $4.2 million to 2,800 plaintiffs—$1,500 each—for a “Text for Free Consult” button that skipped opt-in. Widget vendor Ngage paid $1.8 million in indemnity.

For similar digital marketing liability in attorney ads, see The ‘One Text = $1.5M Verdict’ Precedent: NC’s First Emoji-Only Distracted Driving Judgment (November 2025)—both involve text-message proof.

Firm defenses rejected:

  • “Prior business relationship” – Void for legal services (47 CFR §64.1200(f)(13)).

  • “Manual dial” – ATDS (auto-dialer) inferred from volume.

  • “Consent in TOS” – Must be clear, conspicuous, separate checkbox.

Widget compliance checklist (2026):

  • Double opt-in: Form → Email/SMS link → “Reply YES”

  • Separate SMS checkbox: Not pre-checked

  • Revocation link in every text

  • Vendor SOC 2 audit trail

A class action filed November 11, 2025, in Raleigh (Smith v. 47 NC Law Firms) targets LeadDocket users—demands $480 million. Discovery revealed 1.2 million illegal texts in Q3 2025.

File checklist:

  • Full-page screenshot (widget + URL)

  • SMS thread (no prior consent)

  • HTML source (inspect element)

  • Carrier call detail record

The 2026 TCPA turns one click into $1,500 cash. Screenshot the widget, save the text, and file before the firm scrubs the site.

TCPA click-to-text lawsuitlawyer website text consent
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Issa Hall

North Carolina Injury Attorney

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