Your Phone Is Protected by Federal Law
Americans received an estimated 50 billion robocalls in 2024 alone. If you have ever been bombarded with calls about your car's extended warranty, unsolicited text messages from companies you have never heard of, or relentless telemarketing despite being on the Do Not Call list, you are not powerless. Federal law provides real financial remedies for every single unwanted call or text.
The Telephone Consumer Protection Act (47 U.S.C. § 227) was enacted in 1991 and has been updated multiple times since then to address evolving technology. It restricts how companies can contact consumers by phone, text, and fax, and it imposes significant financial penalties on violators.
What Counts as a "Robocall"?
Under the TCPA, the term "robocall" encompasses more than what most people imagine. The law covers:
- Autodialed calls: Calls made using an automatic telephone dialing system (ATDS), which is equipment that can generate and dial phone numbers without human intervention
- Prerecorded voice messages: Calls that deliver a pre-recorded message rather than connecting you to a live person
- Automated text messages: Text messages sent using automated technology, including mass texting platforms
This is important because many companies use sophisticated dialing systems that may technically have a human pressing "send" but are still effectively automated. The specific definition of an ATDS has been the subject of significant litigation, but the core principle remains: if a company is using technology to blast calls or texts to consumers without meaningful human involvement, the TCPA likely applies.
Consent Requirements
The TCPA establishes different levels of consent depending on the type of call:
- Telemarketing calls using an autodialer or prerecorded voice: The caller must have your prior express written consent before making the call. This is the highest standard. A simple verbal agreement is not sufficient. The written consent must clearly authorize the specific type of calls and must not be a condition of purchasing a product or service.
- Non-telemarketing calls using an autodialer: The caller must have your prior express consent, which can be given orally. For example, providing your phone number on a form to receive appointment reminders may constitute express consent for those specific communications.
- Calls to landlines with prerecorded messages: Prior express consent is required for any prerecorded call to a residential landline, whether it is telemarketing or not (with limited exceptions for emergencies and certain informational calls).
Critically, you have the right to revoke consent at any time, by any reasonable means. If you tell a company to stop calling or texting you and they continue, each subsequent communication may be a violation.
Damages: $500 to $1,500 Per Violation
The TCPA provides for $500 in statutory damages per violation. If the court finds that the violation was willful or knowing, damages may be increased to $1,500 per violation. Each individual call or text message constitutes a separate violation.
Consider what this means in practice: if a company sends you 20 unwanted automated text messages, the potential damages range from $10,000 to $30,000. This is not a theoretical exercise -- these damages are routinely awarded in TCPA cases.
Unlike the FCRA and FDCPA, the TCPA does not contain a fee-shifting provision for individual lawsuits. This means that attorney's fees are not automatically recoverable if you prevail. However, the statutory damages of $500 to $1,500 per call or text can add up quickly, making many TCPA cases viable even without fee-shifting. Many consumer protection attorneys handle TCPA cases on a contingency basis, meaning you pay nothing unless there is a recovery.
The Do Not Call Registry
The National Do Not Call Registry, maintained by the Federal Trade Commission, allows you to register your phone number to reduce telemarketing calls. Once your number has been on the registry for 31 days, telemarketers are generally prohibited from calling you. You can register at donotcall.gov or by calling 1-888-382-1222 from the number you want to register.
There are some exceptions: companies with which you have an existing business relationship, charities, political organizations, and survey callers may still contact you. However, if a telemarketer calls you in violation of the Do Not Call rules, that is an additional basis for a TCPA claim.
It is worth noting that the TCPA provides a separate right of action for Do Not Call violations. Consumers may bring suit against telemarketers who call numbers on the Do Not Call Registry, and these violations carry the same $500 per violation damages.
How to Document Violations
Strong documentation is the foundation of any TCPA case. Here is how to build a record:
- Screenshot every text message. Make sure the screenshot captures the phone number it came from, the date and time, and the full content of the message. Take the screenshot as soon as you receive the text.
- Save your call log. Your phone maintains a record of incoming calls. Do not delete entries from unknown numbers. If possible, export your call log periodically.
- Note the date, time, and content of each call. If you answer a robocall, write down what the recorded message said and whether you were given an option to opt out. Keep a running log.
- Save voicemails. Voicemails with prerecorded messages are direct evidence of TCPA violations.
- Record whether you provided consent. Think about whether you ever gave the company your phone number or agreed to receive calls. If you did not, note that. If you revoked consent and the calls continued, document when and how you revoked it.
- Identify the caller. Try to determine which company is behind the calls. Sometimes this is clear from the message content. Other times, pressing "1" to be connected to an agent can reveal who is calling (though you should never provide personal information to an unknown caller).
Each individual call or text message is a separate violation under the TCPA. This is one of the most powerful aspects of the statute. A company that sends you 50 unwanted automated texts has not committed one violation -- it has committed 50 separate violations, each carrying $500 to $1,500 in potential damages.
When to Contact an Attorney
You may want to speak with a consumer protection attorney if:
- You are receiving repeated robocalls or automated texts from a company you never agreed to hear from
- You asked a company to stop calling or texting and they continued
- You are receiving marketing calls or texts despite being on the Do Not Call Registry
- You are receiving calls or texts from a debt collector using automated technology without your consent
- You have accumulated a significant number of unwanted calls or texts and want to understand your options
An attorney experienced in TCPA litigation can evaluate the strength of your claim, identify the responsible party, and advise you on the best path forward. Because TCPA damages can be substantial, many attorneys take these cases on a contingency basis at no upfront cost to you.