Consumer Protection

Dealing with Debt and Getting Bombarded by Robocalls?

Telephone Consumer Protection Act — 47 U.S.C. § 227

You are working through your debt. The robocalls should not be part of it.

If you are enrolled in a debt settlement or credit repair program and are receiving unwanted robocalls or automated text messages, federal law may entitle you to $500 per illegal call, or up to $1,500 per call if the violations were willful or knowing, under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227.

You do not have to tolerate it. Submit the form and an attorney will review your situation within one business day.

4B+ robocalls made to Americans every month.
Sources: FTC, CFPB, YouMail Robocall Index
What We Look For
  • Cell phone calls without your consent
  • Calls after your number was registered on the Do Not Call list (31-day window)
  • Calls that continued after you asked them to stop
  • Prerecorded or robotic voice messages
  • Automated text messages without your written consent

Free & Confidential Case Review

Takes about two minutes. No obligation.

Step 1 of 3 - Your Contact Information

Is this a cell phone? *
Are you currently enrolled in a debt settlement or credit repair program? *

How It Works

Step 1

Submit This Form

Two minutes. Completely confidential. No obligation.

Step 2

Attorney Reviews Your Case

We contact you within one business day to discuss your situation.

Step 3

We Pursue Your Claim

Fee structure discussed at consultation. You focus on your finances; we handle the legal work.

What Qualifies as a TCPA Violation

The following conduct may violate the Telephone Consumer Protection Act and entitle you to statutory damages:

  • Cell phone calls without prior express consent using an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice (47 U.S.C. § 227(b)(1)(A)).
  • Calls to a number registered on the National Do Not Call Registry after the 31-day compliance window closes (47 U.S.C. § 227(c)).
  • Calls or texts that continued after you revoked consent, whether you revoked orally, by text, or in writing.
  • Automated marketing texts without prior express written consent as required by 47 C.F.R. § 64.1200(f)(9).

Following the Supreme Court's decision in Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), an ATDS must use a random or sequential number generator to either store or produce the numbers called. However, calls made with prerecorded or artificial voice messages remain prohibited regardless of the dialing method used.

Damages Available Under the TCPA

Under 47 U.S.C. § 227(b)(3), a consumer who receives calls in violation of the TCPA may recover:

Damage TypeAmount
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
     
Statutory damages $500 per violation (each call or text is a separate violation) Treble damages (willful violations) Up to $1,500 per violation if the court finds the defendant willfully or knowingly violated the TCPA Injunctive relief Court order requiring the defendant to stop the unlawful calls or texts

Because each individual call or text message counts as a separate violation, damages can accumulate quickly for consumers who have received numerous unwanted communications.

Important Note on Attorney's Fees: Unlike the FCRA (15 U.S.C. § 1681) and the FDCPA (15 U.S.C. § 1692), the TCPA does not include an attorney fee-shifting provision for individual plaintiffs. This means that if you bring a TCPA claim, the defendant is not required by the statute to pay your attorney's fees even if you prevail. Fee arrangements for TCPA cases may therefore differ from other consumer protection claims. At Rausa Russo Law, we discuss fee structures for TCPA cases during your free consultation.

You May Have More Than One Claim

If the companies calling you are debt collectors pursuing an existing debt, the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, may also apply to your situation.

The FDCPA includes a fee-shifting provision under 15 U.S.C. § 1692k(a)(3). This means that if you prevail in your case, the debt collector is required to pay your reasonable attorney's fees and litigation costs. In practice, this means that most FDCPA cases can be pursued at no out-of-pocket cost to the consumer.

The FDCPA also prohibits harassment or abuse (15 U.S.C. § 1692d), false or misleading representations (15 U.S.C. § 1692e), and unfair collection practices (15 U.S.C. § 1692f) by debt collectors, independent of the robocall issue.

Whether FDCPA claims apply to your situation depends on the facts. An attorney will evaluate both statutes during your free consultation.

Learn more about your rights under the FDCPA →

Evidence Is Everything. Here Is What to Collect.

Call Logs

Your phone's native call log is usable evidence in a TCPA case.

  • iPhone: Settings > Phone > Recents. Screenshot each page. Timestamps are captured automatically.
  • Android: Phone app > Recents. Screenshot each page. Steps vary by manufacturer; the key is capturing the number, date, and time.
  • Do not delete anything. Screenshot now; most phones drop older entries once the log fills.

Voicemails

A prerecorded voicemail can demonstrate that an ATDS or prerecorded voice was used, which is central to a TCPA claim.

  • iPhone: Open the voicemail, tap Share, and save to Files or email it to yourself.
  • Android: Depends on carrier. Google Voice users can download directly. Others can record playback on a second device.
  • If your phone auto-transcribes voicemails, screenshot the transcript immediately.

Text Messages

  • Screenshot the full thread showing the sender's number, message content, and timestamps.
  • Do not delete the thread.
  • Scroll up to capture any prior opt-in or the absence of one.

Your Revocation of Consent

If you have already asked a company to stop contacting you, document that as well.

  • Verbal request on a call: Write down the date, time, number you called from, and what you said, as soon as possible.
  • STOP text reply: Screenshot the sent message and any response.
  • Written request: Keep a copy and the delivery confirmation.

Any contact received after a documented revocation may be a willful violation under 47 U.S.C. § 227(b)(3), with damages of up to $1,500 per occurrence.

Do Not Call Registry

  • Check your registration status at donotcall.gov right now.
  • Register if you have not already. It is free and takes about two minutes.
  • Telemarketing calls received more than 31 days after registration may constitute separate violations under 47 U.S.C. § 227(c).

You do not need all of this to contact us. The more you have, the stronger your case. Start collecting now and send us what you gather.

Important: Do not send sensitive evidence to us until we confirm we are representing you. Nothing you share via this form is privileged until a written engagement exists. Collect and preserve your evidence now; we will provide a secure way to send it after we speak.

What Our Clients Say

“I had a debt collector calling me constantly over a debt that was not even mine. Carl handled it quickly and efficiently. The calls stopped and I received compensation. I cannot thank this firm enough.”
— M.T., Verified Client
“Your service is outstanding. Excellent work. Your firm solved my problem in no time. I would recommend them to anyone who needs help with a consumer protection issue.”
— S.G., Verified Client
“Your professionalism and speed are truly incredible. I hope more people discover this service! They made a stressful process as smooth as it could possibly be.”
— R.R., Verified Client

Prior results do not guarantee a similar outcome. Individual results vary based on the facts and circumstances of each case. These testimonials are from actual former clients. No compensation was provided.

Dealing with Debt and Unwanted Robocalls?

If companies are calling or texting you without your consent while you are working through debt, you may have claims under federal law. Contact Rausa Russo Law for a free consultation.

Back to Intake Form (914) 809-0179

Related Practice Areas

Robocalls & Spam Texts (TCPA) Debt Collection (FDCPA) Post-Settlement Claims
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