TCPA Robocall Rights — Sue for $500–$1,500 Per Illegal Call
What Is It?
The Telephone Consumer Protection Act (TCPA) prohibits telemarketers and debt collectors from making automated calls, robocalls, or sending unsolicited text messages to your cell phone without your prior express written consent. Violations carry statutory damages of $500 per call/text — tripling to $1,500 per call/text if the violation was willful — and you can sue without proving any actual harm.
This is one of the most litigated consumer protection statutes in the country. Thousands of lawsuits are filed each year, and large class actions have resulted in settlements of hundreds of millions of dollars. Individual suits are also viable, particularly against repeat offenders.
What the TCPA Prohibits
- Automated calls (robocalls) to cell phones without prior express written consent, regardless of whether the call is for commercial purposes
- Prerecorded message calls to residential landlines for marketing purposes without prior consent
- Unsolicited text messages (treated the same as calls under the TCPA)
- Calls to numbers on the National Do Not Call Registry (after 31 days of registration) — $500/call
- Calls before 8am or after 9pm local time
- Fax advertisements without permission (the “Junk Fax” provisions)
How It Works
Step 1 — Document everything. When you receive an illegal robocall or spam text, document: the date and time, the number that called, what was said (or the text message content), and that you did not give consent. Save voicemails and text messages.
Step 2 — Identify the caller. Look up the number online, listen for company names in voicemails, or call back. Many robocallers are identifiable businesses.
Step 3 — Revoke any prior consent. If you gave consent at any point (e.g., by checking a box on a website), you can revoke it at any time and the company must stop. Revoke consent in writing (email or certified letter) and keep a copy.
Step 4 — Send a cease-and-desist. A letter demanding they stop and confirming you revoke consent. This sets up “willful” violations (triple damages) for any calls after receipt.
Step 5 — File suit. You can file in federal district court or, for smaller amounts, many states allow TCPA claims in state small claims court (check your state’s small claims dollar limit). For 10+ calls, you may have a viable case even without an attorney.
Step 6 — Consider a TCPA attorney. Many consumer protection attorneys take TCPA cases on contingency — they get paid from the settlement or judgment, not from you. Class actions are common and can yield significant awards.
What Most People Don’t Know
- “Established business relationship” is not a defense for cell phone calls. It only provides a limited exemption for calls to residential landlines. If your cell phone gets robocalled by a company you’ve done business with before, and you didn’t give explicit written consent to autodialed calls, it’s still a violation.
- “Do Not Call” registration is separate from TCPA. The National DNC Registry prevents most unwanted telemarketing calls but has more exceptions than the TCPA’s prohibition on autodialed calls.
- Consent must be specific. If you gave consent to receive calls about “account information,” a company cannot use that consent to make marketing calls. Consent can be limited to specific purposes.
- Text messages from shortcodes are typically TCPA violations if you didn’t opt in. Screenshot and save them immediately.
- TCPA class actions have resulted in billions in settlements — AT&T paid $45M, Capital One $75M, Wells Fargo $28M — suggesting companies know they’re violating the law.
- The FCC has expanded TCPA to cover modern technology. AI-generated voices used in robocalls require written consent, per a 2024 FCC ruling.
Who Benefits Most?
Anyone who receives robocalls, spam texts, or unwanted automated marketing calls on their cell phone — which is nearly every American. Particularly effective against repeat offenders in debt collection, insurance, and home warranty industries.
Legal Basis
- Telephone Consumer Protection Act (TCPA) — 47 U.S.C. § 227
- 47 U.S.C. § 227(b)(3) — Private right of action ($500/$1,500 per violation)
- FCC Regulations — 47 CFR § 64.1200 (implementing the TCPA)
- Telemarketing Sales Rule (TSR) — 16 CFR Part 310 (FTC rule, separate but related)
Frequently Asked Questions
How many robocalls do I need to receive before I can sue under the TCPA?
Technically, a single illegal robocall is enough to file suit, though attorneys typically look for two or more calls to establish a pattern. More calls mean more potential damages — each illegal call is worth $500–$1,500 — so documenting every call is important from the very first one.
Can I sue a company that called the wrong number if I never gave them my number?
Yes. Wrong-number robocalls are still TCPA violations if the company used an autodialer or prerecorded message. The fact that they meant to call someone else is not a defense — you never consented to the call, which is what matters under the statute.
If I previously gave my number to a company, can they robocall me forever?
No. You can revoke consent at any time, and the company must stop. Send a written revocation (email or certified letter) stating clearly that you withdraw consent for any further automated calls or texts. Any calls after they receive your written revocation are willful violations subject to $1,500 per call.
Does the TCPA protect against spam texts, or only phone calls?
The TCPA covers unsolicited text messages with the same $500–$1,500 per-message damages as robocalls. Screenshot and save every spam text — including the sending number, message content, and timestamp — because they are often easier to prove than robocalls.
Can I sue in small claims court, or do I need to file in federal court?
Many states allow TCPA claims in small claims court, which is faster and cheaper than federal court. For smaller amounts (10–20 calls), small claims is often the most practical route. Federal district court is used for larger cases or class actions. Check your state’s small claims dollar limit to determine which venue is appropriate for your claim size.