When 28-year-old publicist Millie got out of her taxi and into the safety of her home, she expected to slide on a pair of slippers and watch some trashy reality TV, as she would most nights. But this time, her night turned into one of fear after a “super weird text” reading “Hi gorgeous” from an unknown phone number. Millie and others asked to be referred to by their first-name only for privacy reasons.
Millie asked the sender who they were, and they quickly replied telling her it was her taxi driver. Then she received an even more unsettling text: “I can’t wait to pick you up and see your beautiful face again, I long for you.”
“I’d never given him any indication I was interested in him,” she tells Mashable. “It was so creepy and I was terrified but I also wasn’t sure if I was being overdramatic.”
“It was so creepy and I was terrified but I also wasn’t sure if I was being overdramatic.”
Millie’s experience exemplifies a new and unsettling form of harassment: “text pesting.” This term describes the inappropriate use of personal information, such as a phone number or email address, by individuals who, under the guise of a professional relationship, attempt to initiate unwanted romantic or sexual advances. In a world where personal data is exchanged at the click of a button, text pesting is a worrying emerging trend.
It’s so common, in fact, that The Information Commissioner’s Office (ICO) says a third of 18-34-year-olds in the UK have experienced it according to research they conducted in 2023. Because of this, the ICO is focused on spreading more awareness of both text pesting itself, and ways to get help with it.
Mashable spoke to women who have experienced text pesting along with experts in the field to better understand this kind of harassment, why it’s happening, and what we can do about it.
Is text pesting against the law?
Millie found her text pesting encounter extremely unsettling, but also wondered if she was overreacting and whether this was anything to truly worry about. “I wasn’t even sure if this was a reportable offence,” she says.
It is reportable, but the legality of text pesting is in fact complicated, with multiple existing UK laws that could cover this behaviour. According to Dr. Patrick Bishop, a senior lecturer in law and cybercrime at Swansea University, text pesting could be considered a crime under the Data Protection Act 2018, which covers any organisation that makes use of personal data in the UK.
He tells Mashable: “This includes the offence of knowingly or recklessly retaining personal data without the consent of the data controller, typically an employer. For example, if a delivery driver retains a customer’s phone number after completing a delivery and uses it for unauthorised purposes, this could constitute an offence.”
Still, the potential legal consequences for text pests are significant. Under the Data Protection Act, the only available penalty is a fine. However, the Act grants the power to order the erasure of a phone number if it has been used to commit an offence. Bishop also points out that the act of pest texting might also constitute an offence under the Computer Misuse Act, which can lead to a maximum sentence of two years imprisonment for unauthorised access to data.
“I felt so violated.”
Text pesting isn’t only a data-retention issue, though. With access to her phone number, Millie’s text pest was able to add her on Snapchat and Instagram too, and continued to sexually harass her – even sending a non-consensual explicit image to her over direct message. “It was absolutely disgusting,” she says. “I felt so violated.”
The legal implications extend beyond data breaches. Bishop also notes that if a message contains sexually explicit content, it could fall under the Communications Act (applicable to England, Wales, and Scotland), which makes it a crime to send messages that are “grossly offensive or of an indecent, obscene or menacing character” via public electronic communication systems. In cases where multiple messages are sent, the Protection from Harassment Act — applicable to the whole of the UK — might also apply. This Act requires a course of conduct — defined as two or more instances of harassing behaviour — that causes alarm or distress.
In the U.S., tackling text pesting legally is more complicated as laws vary state to state. There are federal laws covering harassment, though. Andrew Rossow is a cyber law and digital media attorney at Minc Law, who specialise in online harassment. He tells Mashable that text pesting could be in violation of the Federal Trade Commission Act (FTC Act) if the nature of the text pesting involves making false or misleading representations.
On the other hand, if we are looking at statutory laws, he says there are two major factors at play – the location of the sender and the recipient (the text pesting victim) and the frequency in which these unwanted communication takes place. “More often than not, one single instance may not be sufficient to prove targeted harassment,” he explains. “But each situation should be determined on a case-by-case basis.”
Rossow adds that each state has its own version of a harassment law, stalking law, and privacy law which is based on California’s Consumer Protection Act, and that text pesting could also fall in violation of this.
Jamie E. Wright, attorney and CEO of the Wright Law Firm, adds that if you’re caught using a customer’s phone number from a business interaction to ask them out without their consent, you could also be in breach of the Telephone Consumer Protection Act (TCPA) which aims to protect people from unsolicited communications. Like GDPR in the UK, it’s commonly associated with marketing scenarios, but it could also cover cases of harassment.
She adds that victims of text pesting in the USA could also take up the case with the employer of the perpetrator, as this company has demonstrated “inadequate protection of customer data” which could land them in hot water.
Neither Millie nor Nicole have pursued legal action, though, as they’re both worried this could cause them further stress.
Text pesting certainly does cause distress. 31-year-old Nicole has also experienced text pesting with a delivery driver. She had a sofa delivered and got a “hi” message from an unknown number the next day. “I asked who it was and he just admitted it was the delivery driver, as though he didn’t think he was doing anything wrong, and then he asked if I was single.”
Nicole told him she was in a relationship, but it didn’t stop his communication, which became persistent. “He would ring me in the middle of the night and send me selfies of him driving his delivery truck around as though we knew each other. I didn’t feel like I could block his number because he knew where I lived,” she explains to Mashable. “What if he turned up again?”
“People have the right to order a pizza, or give their email for a receipt, or have shopping delivered, without then being asked for sex or a date a while later.”
Emily Keaney, Deputy Commissioner for Regulatory Policy at the ICO, highlights the disturbing nature of this behaviour: “People have the right to order a pizza, or give their email for a receipt, or have shopping delivered, without then being asked for sex or a date a while later,” she says.
Nicole adds that this kind of harassment seems to be a “step up” from regular online harassment, which is something 38 percent of women experience across 51 countries. “I’ve been harassed online before but this was a man who’d been in my house. There was something utterly frightening about this exchange specifically. I always wondered if he would come back,” Nicole says. “I haven’t ordered anything to my house since — not even McDonald’s — without my boyfriend being in the house and making himself visible.”
This intrusion into personal life can have serious emotional repercussions. Victims often feel violated, anxious, and unsafe. The unsolicited nature of these messages can lead to a loss of trust, not only in the individual responsible but also in the broader service or company they represent. This erosion of trust is particularly concerning in an era where digital communication is ubiquitous, and personal data is routinely shared in everyday transactions.
What can victims do about text pesting?
For anyone who finds themselves targeted by a text pest, there are several routes they can take for action. Wright explains that for those in the United States, there are a few paths you can take if you fall victim to text pesting, including the local police and federal agencies.
“If the texts contain threats or harassment and are persistently unwelcome they have the option to alert law enforcement authorities since several states have enacted legislation to safeguard individuals from this,” she explains. “It is advisable to preserve copies of the messages by taking screenshots to capture the senders phone number and gather any information demonstrating the harassment before presenting this evidence to local authorities.” That way, you have a much better case and a shot at receiving police support.
She adds that authorities could also help you to obtain a restraining order to halt the messages being sent to you unlawfully. “Alternatively, if the messages are unsolicited materials or spammy in nature you have the option to lodge a complaint with the Federal Communications Commission (the FCC) citing the Telephone Consumer Protection Act. Here, you can register complaints efficiently and conveniently,” Wright explains.
For people in the UK, Bishop advises that the first step should be to report the incident to the company involved.
“The employer will have several obligations under the GDPR/Data Protection Act 2018, including ensuring that data which is consensually collected and processed for one purpose is not used for a different purpose. They might also consider disciplining or even dismissing the offending employee,” he explains.
Victims can also report the incident to the ICO, which offers guidance on how to handle situations where personal data has been misused. The ICO’s recent call for evidence is part of a broader effort to crack down on text pests and ensure that companies take their responsibilities seriously. As Keaney emphasises, “They have a right to know that when they hand over their personal information that it will not then be used in ways that they would not be comfortable with.”
If the messages contain sexually explicit content or cause significant distress, victims should not hesitate to involve the police. Even if the authorities decide not to pursue a formal investigation, an informal warning from the police can often be enough to deter future contact.
The Online Safety Bill was introduced this year and although it’s certainly not perfect, it does provide a specific offence for sending unwanted photographs or films of genitals (also known as cyberflashing) offering another layer of protection against the most egregious forms of text pesting.
Where do we go from here?
Text pesting is a clear violation of personal boundaries and a serious form of harassment. It’s essential that individuals are aware of their rights and the legal protections available to them.
When the text pest knows where you live, fears for one’s own safety aren’t exactly unfounded.
But there is also a cultural problem enabling this kind of behaviour. We live in a culture that normalises rape and sexual harassment, that encourages us to brush off incidents like text pesting as a mere nuisance rather than the threat that they are. As the interviews in this article demonstrate, there is also a fear of something called “rejection violence” — the possibility that blocking or rejecting text pests could lead to the sender exacting revenge in the form of physical violence. And when the text pest knows where you live, fears for one’s own safety aren’t exactly unfounded.
The ICO even found that only 66 percent of the public believes it’s morally wrong to use personal details given for business purposes for romantic or sexual propositions. Sadly, men were twice as likely to think it’s OK than women.
The ICO’s proactive stance in addressing this issue is a step in the right direction, but we need to work on building a culture wherein perpetrators don’t feel entitled to do this in the first place, wherein they know that misusing personal data in this way is not only creepy, but a violation of trust and privacy. We need a culture in which men step in when their friends admit to behaving like this, and point out that it’s creepy and not OK. And we need workplaces to ensure that they’re hiring employees who aren’t displaying predatory behaviours, so that clients who are women can feel safe as a bare minimum. Hopefully, we will see that kind of progress as conversations about harassment open up.
While text pesting may seem like a minor annoyance to some, it’s a form of harassment that can have serious legal consequences and, more importantly, emotional ones. By holding perpetrators accountable, we can work towards creating a safer digital environment for everyone.
If you have experienced sexual violence and are based in the UK, call the Rape Crisis helpline on 0808 802 9999. If you’re in the U.S. and have experienced sexual abuse, call the free, confidential National Sexual Assault hotline at 1-800-656-HOPE (4673), or access the 24-7 help online by visiting online.rainn.org.
