How to Stop Robocalls and Actually Get Paid for Them

Americans received over 52 billion robocalls in 2025, according to the YouMail Robocall Index. That is roughly 160 calls for every person in the country. If you are getting unwanted robocalls, prerecorded messages, or automated text messages, there is a federal law that may entitle you to between $500 and $1,500 for each one. The Telephone Consumer Protection Act (TCPA), codified at 47 U.S.C. § 227, is one of the strongest consumer protection statutes in federal law, and it applies to calls and texts alike.

What the TCPA Prohibits

The TCPA restricts several types of communications. Understanding which category your unwanted calls or texts fall into is the first step toward determining whether you may have a claim.

• Autodialed calls to cell phones: Calls made to your cell phone using an automatic telephone dialing system (autodialer) without your prior express consent may violate the TCPA.
• Prerecorded or artificial voice calls: Calls that use a prerecorded or artificial voice message, including AI-generated voices, require prior express consent when made to a cell phone. The FCC confirmed in 2024 that AI-generated voices count as "artificial" under the statute.
• Telemarketing calls to Do Not Call numbers: If your number is registered on the National Do Not Call Registry and a telemarketer calls you more than 31 days after your registration, that call may violate both the TCPA and FTC regulations.
• Automated text messages: Under FCC interpretation, a text message is a "call" for TCPA purposes. Automated or marketing texts sent without your prior express written consent may be actionable.
• Calls after you revoked consent: Even if you originally gave consent to be contacted, you have the right to revoke that consent at any time. Any call or text made after a valid revocation may be a separate violation.

How Much You May Be Able to Recover

The TCPA provides statutory damages of $500 per violation under 47 U.S.C. § 227(b)(3)(B). If the court finds the violation was willful or knowing, it may increase the damages to $1,500 per violation under 47 U.S.C. § 227(b)(3)(C).

Each illegal call or text is a separate violation. If you received 20 unwanted robocalls from the same company after telling them to stop, that could potentially represent $10,000 to $30,000 in statutory damages. This is not a theoretical number. Courts routinely award TCPA damages at these levels when the evidence supports it.

One important distinction: unlike the FCRA and FDCPA, the TCPA does not include a fee-shifting provision for individual lawsuits. This means attorney's fees are not automatically paid by the defendant if you prevail. However, many consumer protection attorneys handle TCPA cases on a contingency basis, meaning you pay nothing unless there is a recovery. Our robocalls and spam texts practice page explains the fee structure in detail.

How to Revoke Consent

If you once gave a company permission to call or text you and you want it to stop, you need to revoke that consent clearly. Under current FCC rules, you can revoke consent by any reasonable means, including:

• Replying "STOP" to a text message
• Telling the caller verbally during a call that you want them to stop calling
• Sending a written letter or email to the company
• Using any opt-out mechanism the caller provides (a website form, a phone menu option, etc.)

Under FCC rules, the caller must honor your revocation within a reasonable time. The FCC has indicated this should not exceed 10 business days. After that window closes, every subsequent call or text may be an independent TCPA violation with its own $500 to $1,500 in potential damages.

The strongest approach is to revoke consent in writing (email or letter) so you have a record of the date. If you revoke by text ("STOP"), take a screenshot showing the date and the message.

The Do Not Call Registry

Registering your number on the National Do Not Call Registry at donotcall.gov is free and takes effect within 31 days. Once active, most telemarketers are prohibited from calling your number. Calls made to your number after the 31-day window may violate both the TCPA and FTC telemarketing rules.

The registry does not block all calls. Exemptions exist for political calls, charitable solicitations, surveys, and calls from companies you have an existing business relationship with. But if a company you have never done business with calls you to sell something after your number has been on the registry for more than 31 days, that is a potential violation.

How to Document Your Evidence

The strength of a TCPA claim depends heavily on documentation. Here is what to preserve:

• Call logs: Take screenshots of your phone's call history showing the incoming number, date, and time. Do not delete old call records.
• Voicemails: Save every voicemail. Most phones allow you to share or export voicemail recordings. These are direct evidence of prerecorded messages.
• Text messages: Screenshot every unwanted text, including the phone number, date, and content. If you replied "STOP" and they kept texting, screenshot that entire thread.
• Written revocations: If you sent an email or letter telling them to stop, keep a copy and any proof of delivery (read receipts, certified mail receipts).
• Written log: Keep a simple written record noting the date, time, caller identity (if known), what the message said, and whether you answered or it went to voicemail.

This documentation is your evidence. Without it, proving the volume and timing of violations becomes significantly harder.

Who Can You Sue

The TCPA allows you to sue the entity that initiated the call or text. This is typically the company whose product or service is being promoted, not the telemarketing vendor that placed the call on their behalf. In many cases, both the company and its telemarketing vendor may be liable.

Identifying the caller can be challenging when numbers are spoofed. However, if the voicemail or text message identifies the company, references a specific product, or provides a callback number, that information can be used to identify the responsible party. Consumer protection attorneys have experience tracing these calls back to their source.

The Statute of Limitations

TCPA claims are generally subject to a four-year statute of limitations in federal court under 28 U.S.C. § 1658. Some states apply shorter periods for claims filed in state court. The clock runs from the date of each individual call or text, so even if your earliest calls are outside the window, more recent ones may still be actionable.

What to Do Right Now

If you are receiving unwanted robocalls or spam texts, here is a practical checklist:

• Register on the Do Not Call list. Go to donotcall.gov. It is free and takes two minutes.
• Revoke consent in writing. If you previously gave a company permission to contact you, send a written revocation (email or letter) and keep a copy.
• Do not engage with unknown callers. Answering, pressing buttons, or speaking to an automated system can confirm your number is active and lead to more calls.
• Document everything. Screenshots, voicemails, call logs, text threads. Save it all.
• Do not wait too long. The statute of limitations means older violations may become unenforceable.
• Consult an attorney. If you have documentation of repeated unwanted calls or texts from an identifiable company, a consumer protection attorney can evaluate whether you have an actionable TCPA claim.

At Rausa Russo Law, we handle TCPA claims against companies that make illegal robocalls and send unauthorized text messages. The consultation is free, and we can review your call records to determine whether you may have a claim worth pursuing.