If your phone rings nonstop with robocalls, spam texts, or automated messages from companies you never contacted, you are not alone. Americans receive billions of unwanted calls every year. But you do not have to put up with it. The Telephone Consumer Protection Act (TCPA) gives you the right to stop these calls and texts, and it allows you to sue companies that violate the law for $500 to $1,500 per call or message.
Contact Counsel Hound for a free case evaluation if you are receiving unwanted robocalls or spam texts. There are no fees unless you win.
This guide explains what the TCPA is, what it prohibits, your specific rights under the law, how to file a lawsuit, and how much compensation you may be entitled to.
What Is the TCPA?
The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 that restricts telemarketing calls, autodialed calls, prerecorded voice messages, text messages, and unsolicited faxes. The law was originally designed to address the growing problem of unsolicited telemarketing. Over the years, it has been updated and interpreted through court rulings and FCC regulations to cover modern technologies like text messages, automated dialing systems, and robocalls.
The TCPA is enforced by both the Federal Communications Commission (FCC) and through private lawsuits filed by individuals. This means that you do not need a government agency to act on your behalf. You can file your own lawsuit and collect damages directly.
What Does the TCPA Prohibit?
The TCPA restricts several types of communications. Here is what companies are not allowed to do without your prior express consent:
Robocalls and Autodialed Calls
Companies cannot use automatic telephone dialing systems (autodialers) or prerecorded voice messages to call your cell phone without your prior express consent. This includes calls from debt collectors, telemarketers, political campaigns (in some cases), and businesses that purchased your phone number from a lead generator.
Telemarketing Calls
Telemarketing calls to your cell phone require your prior express written consent. Calls to your home landline require that the company maintain an internal do-not-call list and honor your request to stop calling. Companies are also prohibited from calling numbers on the National Do Not Call Registry.
Text Messages
The TCPA treats text messages the same as phone calls. Companies cannot send you automated or marketing text messages without your prior express consent. This includes promotional texts, appointment reminders sent via autodialer, and texts from companies you never contacted.
Prerecorded Messages
Leaving prerecorded voice messages on your cell phone or home phone for telemarketing purposes requires your prior express written consent. Non-telemarketing prerecorded calls to cell phones require prior express consent (which can be oral).
Faxes
Sending unsolicited fax advertisements is prohibited under the TCPA. This provision primarily affects businesses that receive unwanted commercial faxes.
Your Rights Under the TCPA
The TCPA gives you several specific rights:
- Right to not receive robocalls: Companies must have your consent before calling your cell phone with an autodialer or prerecorded message
- Right to revoke consent: Even if you previously gave consent (for example, by providing your phone number on a form), you can revoke it at any time, through any reasonable method. Once you tell a company to stop, they must stop.
- Right to be on the Do Not Call list: You can register your phone number on the National Do Not Call Registry (donotcall.gov). Telemarketers must check the registry and stop calling registered numbers within 31 days.
- Right to request removal from a company’s list: You can ask any company to place you on their internal do-not-call list. They are legally required to maintain this list and honor your request.
- Right to sue: If a company violates the TCPA, you can file a lawsuit in federal or state court and recover damages of $500 per violation. If the violation was willful or knowing, the court can triple the damages to $1,500 per violation.
- Right to join a class action: If a company is sending unlawful calls or texts to many people, you may join a class action lawsuit to hold them accountable
Request a free consultation with Counsel Hound to discuss whether the calls or texts you are receiving violate the TCPA.
How Much Can You Recover in a TCPA Lawsuit?
The TCPA provides statutory damages that do not require you to prove specific financial losses. You are entitled to damages for each individual violation:
| Type of Violation | Damages Per Violation | If Willful or Knowing |
|---|---|---|
| Robocall to cell phone without consent | $500 | Up to $1,500 |
| Text message without consent | $500 | Up to $1,500 |
| Call to Do Not Call Registry number | $500 | Up to $1,500 |
| Prerecorded message without consent | $500 | Up to $1,500 |
Each call or text counts as a separate violation. If a company called you 50 times without consent, your potential recovery is $25,000 to $75,000. Class action TCPA lawsuits have resulted in settlements worth tens of millions of dollars when companies contacted thousands of people.
What Counts as “Willful or Knowing”?
Treble damages ($1,500 per violation) apply when the company knew it was violating the TCPA or continued calling after you told them to stop. Evidence of willful conduct includes:
- Continuing to call after you expressly revoked consent
- Calling numbers on the Do Not Call Registry without checking
- Using an autodialer to mass-call cell phones without any consent verification process
- Ignoring previous lawsuits or complaints about the same calling practices
TCPA Exemptions: What Is Allowed?
Not all automated calls are prohibited under the TCPA. Understanding the exemptions helps you identify when your rights have actually been violated:
- Emergency calls: Calls made for emergency purposes (health or safety threats) are exempt from TCPA restrictions
- Calls with prior consent: If you provided your phone number to a company and agreed to receive calls or texts (for example, by checking a box on a form), the company may have valid consent. However, consent must be clear and specific, and you can revoke it at any time.
- Government calls: Calls from government agencies about government services, tax collection, or public safety are generally exempt
- Informational calls to landlines: Non-telemarketing calls to landlines using prerecorded messages may be allowed in certain circumstances
- Existing business relationship: Companies you have an existing business relationship with may have limited rights to contact you, but these rights do not extend to robocalls to your cell phone without consent
Even within these exemptions, companies must follow specific rules. An attorney can help you determine whether the calls you are receiving fall within a legitimate exemption or cross the line into a TCPA violation.
Recent TCPA Developments
The TCPA landscape continues to change through court rulings, FCC actions, and new legislation:
- Facebook v. Duguid (2021): The Supreme Court narrowed the definition of an “autodialer” under the TCPA, ruling that a device must be able to generate random or sequential phone numbers to qualify. This made some TCPA claims harder to prove, but many violations still fall under other TCPA provisions.
- One-to-one consent rule: The FCC updated its rules to require that consent for robocalls and robotexts must be given to only one company at a time. Lead generators can no longer obtain blanket consent from consumers and sell it to multiple callers.
- Increased FCC enforcement: The FCC has imposed record fines on robocall operations and worked with phone carriers to implement call authentication technology (STIR/SHAKEN) to combat caller ID spoofing.
- State TCPA laws: Many states have passed their own robocall and text message laws that provide additional protections beyond the federal TCPA. Florida, Oklahoma, and other states have enacted mini-TCPA statutes with their own damages provisions.
Common TCPA Violations
These are the types of unwanted communications that most frequently lead to TCPA lawsuits:
- Debt collection robocalls: Debt collectors using autodialers to call your cell phone, especially if the debt is not yours or you have asked them to stop
- Marketing texts from companies you never contacted: Receiving promotional texts from businesses you have no relationship with
- Calls after revoking consent: Companies that continue calling after you told them to stop or unsubscribed
- Spoofed caller ID: Robocalls using fake phone numbers to trick you into answering
- Political robocalls to cell phones: While political speech has some exemptions, prerecorded political calls to cell phones via autodialer generally require consent
- Healthcare appointment reminders via autodialer: If a healthcare provider uses an autodialer for non-emergency calls and you did not provide written consent, it may violate the TCPA
How to Document TCPA Violations
Building a strong TCPA case starts with good documentation. Here is how to preserve evidence:
- Do not block the number yet: While it is tempting to block unwanted callers, letting the calls come through helps you document the pattern and frequency
- Save your call log: Take screenshots of your phone’s call history showing the dates, times, and numbers of unwanted calls
- Save text messages: Screenshot spam texts, including the sender’s number and the content of the message
- Record voicemails: Save any prerecorded voicemails left on your phone
- Document your consent revocation: If you told the company to stop calling, save the email, text, or note the date and time of the phone call where you made the request
- Keep a log: Note each unwanted call or text with the date, time, number, and what was said
- File a complaint with the FCC: Filing a complaint at fcc.gov/consumers/guides/stop-unwanted-robocalls-and-texts creates an official record
Contact Counsel Hound today for a free case evaluation. We connect consumers with attorneys who handle TCPA cases on a no-fee-unless-you-win basis.
Frequently Asked Questions About TCPA Rights
Do I need a lawyer to file a TCPA lawsuit?
While you can file a TCPA claim in small claims court on your own, working with an attorney significantly increases your chances of a successful outcome, especially for claims involving multiple violations or class action potential. Most TCPA attorneys work on contingency, meaning you pay nothing unless you recover compensation.
Can I sue for just one unwanted call or text?
Yes. Each individual call or text that violates the TCPA is a separate violation worth $500 to $1,500. However, as a practical matter, attorneys are more likely to take cases involving multiple violations because the total damages are higher.
What if I gave the company my phone number?
Providing your phone number does not necessarily equal consent to receive robocalls or marketing texts. Consent must be specific and informed. Even if you did give consent at some point, you can revoke it at any time. If the company continues to contact you after revocation, each subsequent contact is a TCPA violation.
How long do I have to file a TCPA lawsuit?
The TCPA has a four-year statute of limitations for federal claims. This means you have four years from the date of each violation to file suit. Some state TCPA laws may have different deadlines.
Can businesses get around the TCPA by using text messages instead of calls?
No. The TCPA explicitly covers text messages and treats them the same as calls. Companies need your consent to send automated or marketing texts to your cell phone, and you can sue for $500 to $1,500 per unauthorized text.
