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Your TCPA Rights

The Telephone Consumer Protection Act protects you from unwanted robocalls, automated texts, and prerecorded messages. Here's what you need to know.

Quick Summary

  • What: Federal law (47 U.S.C. § 227) restricting automated calls and texts
  • Damages: $500-$1,500 per illegal call or text
  • Statute of Limitations: 4 years from the date of the violation
  • Key Point: Each robocall or text is a separate violation

What the TCPA Covers

Protected Communications:

  • Robocalls to cell phones
  • Automated/prerecorded voice messages
  • Automated text messages (SMS)
  • Fax advertisements
  • Calls using autodialers (ATDS)

Key Requirement:

Companies need your prior express consent before making automated calls or sending automated texts to your cell phone. For marketing, they need prior express written consent.

Illegal Under the TCPA

Robocalls Without Consent

Automated or prerecorded calls to your cell phone without your prior express consent. This includes debt collection calls, telemarketing, and informational calls using autodialers.

Automated Text Messages

Text messages sent using an autodialer without consent. Marketing texts require written consent. Each text is a separate violation worth $500-$1,500.

Calls After You Said Stop

You can revoke consent at any time. Once you tell them to stop calling, every subsequent call is a violation. You don't need a reason and they can't require you to do it in writing.

Wrong Number Calls

If you inherited a phone number and receive robocalls meant for someone else, those are violations. The caller had no consent from you, even if the previous owner consented.

Do Not Call Violations

Telemarketing calls to numbers on the National Do Not Call Registry or to numbers you've asked that specific company not to call. Companies must maintain internal do-not-call lists.

What Can You Recover?

$500
Per violation (standard)
Each call or text counts separately
$1,500
Per violation (willful)
Treble damages for knowing violations

Example Calculation:

50 robocalls × $500 = $25,000 (standard damages)
50 robocalls × $1,500 = $75,000 (if willful)

How to Build Your Case

  • 1
    Save your call log: Screenshot your phone's call history showing dates, times, and phone numbers. Your carrier can also provide records.
  • 2
    Save voicemails: Don't delete prerecorded messages. These prove the call was automated. Forward them to your email if possible.
  • 3
    Screenshot texts: Save all spam text messages with visible timestamps and sender information.
  • 4
    Note when you revoked consent: If you told them to stop and they didn't, write down when and how you asked.
  • 5
    Identify the caller: Listen to the message to identify the company. Search the phone number online to find who's calling.

Common TCPA Case Types

Debt Collection Robocalls

Collectors using autodialers or prerecorded messages to reach you on your cell phone.

Telemarketing Texts

Marketing texts from companies you never gave your number to, or after you unsubscribed.

Wrong Number Harassment

Calls for someone else that continue after you've told them it's the wrong number.

Political Robocalls

Prerecorded political calls to cell phones without consent (live calls have different rules).

Getting Bombarded With Robocalls?

Our free violation checker can help you identify potential TCPA violations and estimate your case value.

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