Why Are Spam Calls and Messages So Prevalent If They’re Illegal

By now, most of us know that spam calls and scam texts aren’t just annoying; they’re often illegal. There are excellent consumer protection laws against robocalls. There are regulations protecting consumers from unwanted messages. And there are government agencies responsible for enforcing those laws.

So if all of that’s true, why are spam calls and messages still so common?

The Laws Are There, But So Are the Loopholes

Let’s start with the legal context. In America, there are several key laws and frameworks that are designed to protect consumers from unsolicited calls and messages.

For example:

• The Telephone Consumer Protection Act (TCPA) restricts robocalls and automated text messages without consent.
• The CAN-SPAM Act sets rules for commercial email and text marketing.
• The Do Not Call Registry allows people to opt out of telemarketing calls.
• The Fair Debt Collection Practices Act (FDCPA) limits how and when collectors can contact you.

If someone robocalls your cell phone without permission, or repeatedly texts you about a product you never signed up for, that’s likely a violation of one or more of these laws.

The problem is, these laws are incredibly difficult to enforce.

Here’s why:

• International actors. A huge portion of illegal spam originates from overseas, where U.S. laws don’t apply and enforcement is almost impossible.
• Spoofing. Using spoofed numbers (where the caller ID is faked to look like a familiar area code or even a known contact) makes it hard to trace who actually placed the call or sent the message.
• Volume. With billions of robocalls placed each month, regulators simply don’t have the time or resources to investigate or shut down every offender.
• New tech. Automated dialing software is cheap, easy to use, and scalable. A small team (even a lone individual) can send thousands of calls or texts with the push of a button.

The Business Behind the Spam

One of the reasons spam calls and messages remain so persistent is because they work at least some of the time. While most people hang up or ignore them, even a tiny success rate can make these campaigns profitable.

• Scammers play a numbers game. If even 0.1 percent of people who receive a spam text end up clicking the link or giving away information, that’s still a win for the average scammer.
• Some spam isn’t technically illegal. Not all spam is a scam. Some of it comes from companies that are technically operating within the law but using aggressive tactics.
• Debt collectors and lead generators blur the lines. Certain industries are notorious for pushing the boundaries of legal outreach, often on purpose. For example, some debt collectors or third-party marketing agencies operate in legal gray areas, making it harder to hold them accountable.

Even for the cases that fall squarely under illegal activity, the cost of enforcement is high, and the payoff is often limited, while scammers and spammers continue to reap big profits.

What You Can Do

Despite the challenges, government agencies, phone carriers, and software developers are making progress. In recent years, there have been several efforts to curb the spam epidemic:

• Increased fines and lawsuits. The Federal Communications Commission (FCC) and Federal Trade Commission (FTC) have ramped up enforcement efforts, issuing record-setting fines to companies that violate robocall and text marketing laws.
• Call-blocking tools. Most mobile devices and carriers now offer options to filter or block suspected spam automatically. Many people are also even using third-party apps for even more control.
• Public awareness campaigns. The more people recognize spam and know how to respond, the less effective these scams become.

That said, you still have to take an active role in protecting yourself.

Here are a few steps you can take:

• Register your number with the Do Not Call Registry. It won’t block everything, but it’s a good baseline.
• Use your phone’s built-in spam filters. You can also activate tools through your service provider.
• Avoid giving your number to unfamiliar websites or services. If you must enter a phone number, use a secondary (or fake) number if possible.
• Report suspicious calls or texts. Report to the FTC, FCC, or your mobile provider (or all three).
• Never provide personal information. Only provide information via phone or text if you’re absolutely sure of who you’re speaking to.

The Big Picture

Spam calls and messages may be illegal, but that doesn’t mean they’re going away anytime soon. The truth is, enforcement is a constant game of whack-a-mole, and scammers are often operating from outside the reach of U.S. laws.

Still, there’s reason for optimism. Industry-wide improvements, tougher penalties, and smarter technology are helping to slow the wave, and by staying informed, using available tools, and being cautious with your data, you can protect yourself — and waste less time on such annoyances.