Robocall & Spam Text Claims (TCPA)

Illegal robocalls and spam texts are not just annoying — they are federal violations worth $500 to $1,500 per incident under the Telephone Consumer Protection Act (TCPA). If a company called or texted you without permission, you may have a real robocall lawsuit TCPA claim right now.

What Is the TCPA?

The Telephone Consumer Protection Act (TCPA), enacted in 1991, is a federal law that restricts how companies can contact consumers by phone and text message. Congress passed it in direct response to consumer complaints about unwanted telemarketing calls flooding American households. The Federal Communications Commission (FCC) enforces TCPA rules alongside private lawsuits filed by individual consumers.

The law covers calls to cell phones, residential landlines, and text messages. It also governs fax advertising, though robocalls and spam texts are the most common violations today.

Since 1991, courts have expanded TCPA protections significantly. Statutory damages of $500 to $1,500 per call make individual violations valuable — and when millions of people receive the same illegal calls, class action settlements can reach tens of millions of dollars.

What Calls and Texts Are Prohibited?

The TCPA prohibits automated calls and texts to cell phones without the recipient's prior express consent. Specifically, the law bans three categories of conduct.

Robocalls and Autodialers

Companies may not use an automatic telephone dialing system (ATDS) to call or text a cell phone without consent. An ATDS is equipment that stores or produces numbers and dials them automatically — essentially any software-driven dialing platform. Even a single automated call without consent violates the statute.

Prerecorded Voice Messages

Prerecorded or artificial voice messages sent to any phone number — cell or landline — require prior express written consent for telemarketing purposes. A robocall delivering a sales pitch with a recorded voice is one of the most commonly litigated TCPA violations.

Unsolicited Commercial Texts

Spam texts promoting products or services sent via autodialer are treated the same as robocalls under the TCPA. Mass text marketing campaigns without documented opt-in consent generate thousands of TCPA claims every year. If you received a promotional text you never signed up for, that is a probable violation worth $500 per message.

How Much Can You Recover Per Violation?

Each TCPA violation carries statutory damages of $500 per call or text, with no need to prove actual harm. That is a critical feature of the law — you do not need to show you lost money or suffered measurable injury.

Courts may award up to three times the standard amount — $1,500 — if the defendant acted willfully or knowingly. In practice, companies that continued calling after consumers demanded they stop often face the treble-damage award. Check your Consumer rights page for a broader overview of what federal law protects.

In class actions, these per-call damages stack across every affected consumer. A campaign that sent one million illegal texts could expose a company to $500 million in liability — which is why most defendants settle before trial.

Consent Rules: When Can Companies Call You?

Valid TCPA consent must be clear, voluntary, and documented before the call or text is sent. The FCC distinguishes between two consent levels depending on the call type.

Prior Express Consent

For informational calls and texts — such as appointment reminders or fraud alerts — companies need prior express consent. This can be oral or written agreement to receive calls. Providing your cell number on a form to a company generally qualifies, but only for calls related to that transaction.

Prior Express Written Consent

For telemarketing and promotional messages, the standard is higher. Companies must obtain prior express written consent — a signed agreement (including electronic signatures) stating the consumer agrees to receive autodialed or prerecorded marketing calls or texts. A checkbox on a website that is pre-checked by default does not satisfy this requirement.

Revocation of Consent

Consumers can revoke consent at any time and by any reasonable means. Replying "STOP" to a text, asking a live agent to stop calling, or sending a written revocation all qualify. Any call or text received after valid revocation is a fresh TCPA violation. Courts have repeatedly held that companies cannot contractually limit how consumers revoke consent.

The Do Not Call Registry and TCPA

The National Do Not Call Registry, maintained by the Federal Trade Commission (FTC), prohibits telemarketing calls to registered numbers. Adding your number to the registry is free and takes effect within 31 days.

TCPA claims and Do Not Call (DNC) violations are distinct but often overlap. A company that calls a DNC-registered number with an autodialer can face both a TCPA violation ($500–$1,500) and a separate FTC civil penalty. Consumers can bring private TCPA lawsuits; the DNC registry is primarily enforced by the FTC and state attorneys general.

One non-obvious detail many consumers miss: political organizations, charities, and survey companies are exempt from the DNC registry — but they still must comply with TCPA autodialer and prerecorded-voice rules if they call cell phones. A political robocall to your cell without consent is still a TCPA violation even though DNC rules do not apply.

How to Document Robocall and Spam Text Violations

Strong documentation is the foundation of a successful TCPA claim. Start building your record the moment you receive a suspicious call or text.

What to Capture Immediately

• Screenshot every text message showing the sender number, message content, and timestamp.
• Save call logs from your phone showing the incoming number, date, and time.
• Note whether a prerecorded voice played versus a live agent — this affects which TCPA provision applies.
• Record the company name or product advertised in the call or text.
• Save any opt-out attempts — screenshots of "STOP" replies or notes about verbal requests to stop calling.

Long-Term Records

Keep a simple log with the date, time, caller ID, and a one-sentence description of each call. Courts value contemporaneous records made close to the time of each violation. If you have received 20 illegal calls, that is potentially $10,000 to $30,000 in statutory damages — worth a careful paper trail.

Class Action vs. Individual TCPA Lawsuit

TCPA claims can proceed as individual lawsuits or as class actions, and the right path depends on how many people were affected by the same campaign.

In an individual TCPA case, you sue directly for $500–$1,500 per violation. Small claims court works for a handful of calls; federal district court handles larger claims. Individual suits move faster and give you direct control over your case.

Class actions aggregate thousands or millions of similarly situated consumers into one lawsuit. Each class member typically recovers less per violation than in an individual suit — settlement payouts often range from $20 to $150 per class member — but the total settlement fund is far larger. Browse Open class actions to see whether a TCPA class action already covers calls you received.

TCPA vs. State Robocall Laws

State laws often provide additional protections on top of the TCPA, and they can be pursued alongside federal claims. California's Invasion of Privacy Act (CIPA) and Automatic Dialing-Announcing Device (ADAD) statutes are among the strongest. Florida's Telephone Solicitation Act was strengthened in 2021 to add $500 per call damages mirroring the TCPA.

Some states allow damages above the TCPA floor, let consumers sue in state court with lower filing fees, or provide a private right of action for DNC violations that federal law does not directly create. A TCPA attorney will typically analyze whether state claims stack onto your federal claim to maximize your recovery.

Interstate calls — which cover virtually every telemarketing call — are subject to both federal TCPA rules and the receiving state's statutes. You do not need to be in the state where the caller is located; the law of your state (where you received the call) typically applies.

How to File a TCPA Claim

Filing a TCPA claim starts with determining whether the violation is more suited to small claims court, federal court, or a class action referral. Here is the practical sequence most plaintiffs follow.

Step 1: Gather Documentation

Compile your call logs, text screenshots, and any evidence of the company's identity. The stronger your record, the easier it is for an attorney to evaluate and pursue your claim.

Step 2: Check for an Existing Class Action

Search our Open class actions database and Open settlements to see whether the company has already been sued. If a class action is pending, joining it costs nothing — you simply submit a claim form. Check your eligibility with our free tool to get a fast answer.

Step 3: Consult a TCPA Attorney

Most TCPA attorneys work on contingency — no fee unless you recover. For individual claims with documented violations, the statutory damages are attractive enough that attorneys take strong cases at no upfront cost. Initial consultations are typically free.

Step 4: Send a Demand Letter

Many TCPA cases settle before a lawsuit is filed. A formal demand letter from your attorney — citing the specific calls, dates, and statutory damages — often prompts a quick settlement offer. Companies know that litigation risk multiplies if they keep calling after receiving a demand.

Step 5: File in Court if Needed

Federal district courts have jurisdiction over TCPA claims. For smaller individual claims, some state small claims courts also accept TCPA suits. Your attorney will determine the best venue based on the number of violations and the likely defendant's response.

Statute of Limitations: How Long Do You Have?

The TCPA has a four-year federal statute of limitations for most claims. You generally have four years from the date of each violating call or text to file a lawsuit. This deadline runs per violation — each illegal call resets its own four-year clock.

Do not wait, however. Evidence degrades over time. Phone carriers typically retain call detail records for 18 months to 2 years. The earlier you act, the easier it is to subpoena records and identify the responsible company behind a spoofed or masked caller ID number.

State statute of limitations may be shorter. California CIPA claims, for example, carry a one-year limitation period in some interpretations. A TCPA attorney will identify which statute of limitations applies to each of your claims and prioritize accordingly.

Recent TCPA Settlements and Verdicts

TCPA litigation has produced some of the largest consumer settlements in history. The following examples illustrate the scale of liability companies face.

• Papa John's (2018): $16.5 million class settlement for unsolicited marketing texts.
• Dish Network (2017): A federal court imposed a $280 million judgment for Do Not Call violations — one of the largest TCPA verdicts ever.
• Sunrun (2022): $17.5 million class settlement for autodialed calls to cell phones without consent.
• Portfolio Recovery Associates (2018): $18 million settlement for calls to wrong-number recipients — a class of people who never had any relationship with the debt collector.

Wrong-number TCPA cases deserve special mention. If a company had consent from a prior phone owner but called you — the new owner — after you obtained that number, you can still recover $500 to $1,500 per call. Courts consistently hold that reassigned-number recipients have valid TCPA claims against companies that kept calling after the number changed hands.

Browse our Open settlements page for currently active TCPA settlement claims you can join today.

Frequently Asked Questions

Can I sue for every single robocall I received?

Yes, each illegal call or text is a separate TCPA violation worth $500 to $1,500. If a company called you 15 times without consent, your potential claim is $7,500 to $22,500 before any treble-damage multiplier. Document every call carefully to support the full value of your claim.

What if I accidentally gave my number to a company — can they call me forever?

No. TCPA consent is limited in scope and revocable. Giving your cell number to a retailer to process a purchase generally authorizes calls about that transaction only — not open-ended marketing calls. You can also revoke any consent at any time by clearly telling the company to stop calling.

Do robocall laws apply to political calls and texts?

Political organizations are exempt from Do Not Call registry rules, but they must still comply with TCPA autodialer rules for cell phones. An automated political robocall or text to your cell phone without your consent is still a TCPA violation. The political exemption is narrower than most consumers realize.

How long does a TCPA lawsuit take to settle?

Individual TCPA claims with clear documentation often settle within 3 to 12 months. Class actions typically take 1 to 4 years from filing through final settlement approval. Some cases settle at the demand letter stage, before any lawsuit is filed, especially when defendants want to avoid litigation exposure.

Will filing a TCPA claim hurt my credit or relationship with the company?

No. Filing a TCPA claim does not affect your credit score. It is a civil action based on federal statutory rights. Companies cannot retaliate against consumers for asserting TCPA rights — doing so would create additional legal liability for the defendant.

What if the robocall came from an overseas number or a spoofed caller ID?

Spoofed or overseas caller IDs make identification harder but do not eliminate your claim. TCPA attorneys use subpoenas to phone carriers, FCC complaint databases, and reverse-number lookup services to trace calls back to responsible U.S. companies. Even if the call was placed by a foreign entity on behalf of a U.S. company, the U.S. company can be liable as the initiating party.

Is there a minimum number of calls needed to file a TCPA claim?

No minimum applies. A single illegal robocall or spam text is sufficient to file a TCPA claim worth $500. That said, attorneys typically prioritize cases with multiple violations because the economics are more favorable for contingency representation. If you have three or more documented violations, most TCPA attorneys will evaluate your case for free.