Your phone rings. It’s a robocall — a pre-recorded voice telling you about your car’s extended warranty, a debt you may owe, or a “limited time offer.” You hang up. It calls again tomorrow. And the day after.
What most people don’t know is that federal law puts a dollar amount on each of those calls — and companies that ignore the rules can owe you real money.
What Is the TCPA?
The Telephone Consumer Protection Act (TCPA) is a federal law that restricts how companies can contact you by phone. Passed in 1991 and significantly strengthened since, it covers:
- Robocalls — calls made using an automatic telephone dialing system (ATDS)
- Pre-recorded or artificial voice messages
- SMS text messages sent via automated systems
- Fax advertisements (less common today)
The key protection: companies need your prior express written consent before using automated systems to call or text your cell phone for marketing purposes. And even for non-marketing calls (like account notifications), they need consent.
What Violates the TCPA
These are the most common violations:
Calling Without Consent
If a company called your cell phone using a robocaller or auto-dialer without your prior written consent, that’s a violation. This includes:
- Debt collectors using automated systems
- Banks and lenders sending automated payment reminders
- Marketing companies calling numbers they purchased from a list
- Companies that obtained your number secondhand
Calling After You Revoked Consent
You have the right to revoke consent at any time — telling a caller “don’t call me again” or texting STOP. If they continue calling after you revoke consent, every additional call is a separate violation.
Calling a Reassigned Number
If your cell number used to belong to someone else who gave consent, and a company keeps calling the new owner (you), that’s a violation. You never gave consent.
Do Not Call Registry Violations
If your number is on the National Do Not Call Registry and a telemarketer called you anyway — without an established business relationship or your consent — that’s a TCPA violation.
Text Message Violations
Spam texts from short codes or automated systems follow the same rules as calls. Unsolicited marketing texts, texts after opt-out, and texts to numbers on the DNC list are all violations.
How Much Can You Recover?
This is where the TCPA stands out from other consumer protection laws:
- $500 per violation for negligent TCPA violations
- $1,500 per violation for willful or knowing violations
- Each call or text is a separate violation
A company that called you 50 times without consent could owe you $25,000 to $75,000. Courts have upheld awards in the millions for companies that systematically ignored consumer rights.
Unlike some other consumer laws, you don’t need to prove actual damages — the statutory amount is available just for the violation itself.
Who Can Be Held Accountable
The TCPA applies to:
- Original creditors — banks, lenders, credit card companies
- Debt collectors — third-party collectors using automated systems
- Marketing companies — telemarketers, insurance companies, political campaigns
- Their vendors and agents — companies can be held liable for calls made on their behalf
Common Defenses — and Why They Often Fail
“You gave us your number when you signed up.” Giving your number as a contact number is not the same as consenting to receive robocalls. Prior express written consent must be clear, documented, and specific to automated calls.
“We have an established business relationship.” This defense has significant limitations under current TCPA interpretations, especially for cell phones.
“You didn’t ask us to stop.” Some violations don’t require a prior opt-out request — calling without initial consent is itself a violation.
“We didn’t know the number had been reassigned.” The TCPA provides limited safe harbor for reassigned numbers — only for the first call after reassignment. Every call after that is a knowing violation.
Steps to Take If You’re Being Robocalled
- Document every call — date, time, phone number calling from, content of the call or voicemail
- Save all voicemails and screenshots of texts
- Do not consent — don’t press any buttons or respond unless you’re trying to build a record
- Send a revocation of consent in writing via email or certified letter if you have any prior relationship with the company
- Check your records — do you have any account with this company? Did you provide your number and how?
- Contact a consumer advocate — TCPA claims have a 4-year statute of limitations
Private Arbitration for TCPA Claims
Like most financial service agreements, many consumer contracts include arbitration clauses. TCPA claims can be pursued through private arbitration, which offers:
- Faster resolution than federal court
- Lower barrier to entry for consumers
- Experienced arbitrators familiar with TCPA law
- Real damages awards without needing a lawyer
A consumer advocacy firm can evaluate your call logs, identify the violations, calculate potential damages, and submit a complete arbitration demand on your behalf.
Monay & Associates pursues TCPA claims in private arbitration on behalf of consumers receiving unwanted robocalls and texts. If you’ve been repeatedly called without your consent, request a free case evaluation — you may be owed significant compensation.