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Filing an Automated Calls Lawsuit: A Consumer's Guide

An automated calls lawsuit is a legal action consumers can take under the Telephone Consumer Protection Act (TCPA) against companies that use robocall technology illegally. If you've received these calls or texts without permission, you may be entitled to compensation of $500 for each violation. That amount can even increase to $1,500 per call or text if a court finds the company knowingly and willfully broke the law. These automated systems bombard consumers with unsolicited offers, creating constant disturbances and violating federal privacy laws. The TCPA empowers you to hold these companies accountable for their actions. This guide will walk you through the specifics of what makes a call illegal and how you can pursue a claim for statutory damages.

What Does Federal Law Say About Automated Calls?

The primary law governing automated calls in the United States is the Telephone Consumer Protection Act (TCPA). This federal statute places strict limits on how businesses can contact you using automated dialing systems and prerecorded messages. For any marketing calls or texts sent to your cell phone, the TCPA requires the sender to have your "prior express written consent." This is a high standard that means you must have clearly and unambiguously agreed, in writing, to receive these specific types of communications from that specific company.

Simply providing your phone number to a company does not automatically grant them permission to bombard you with automated marketing messages. The consent must be explicit and separate from other terms and conditions. For example, a company cannot simply bury the consent clause in the fine print of a user agreement. You must take an affirmative action, like checking a box that clearly states you agree to receive automated marketing calls. This article is for informational purposes only and does not create an attorney-client relationship. The law is designed to give you control over who can contact your personal phone.

What Qualifies as an Illegal Automated Call?

Several factors can make an automated call illegal under the TCPA. The most common violation involves a company sending marketing calls or texts to your wireless number using an autodialer or a prerecorded voice without your prior express written consent. An "autodialer" is defined broadly and includes any equipment with the capacity to store or produce telephone numbers to be called, using a random or sequential number generator. If you hear a pause and a click before a live agent comes on, or if you hear a recorded message, the call was likely made with technology regulated by the TCPA.

Another clear violation occurs when you receive unsolicited automated calls after placing your number on the National Do Not Call Registry. Once your number has been on the registry for 31 days, most unsolicited telemarketing calls are prohibited. Furthermore, you always have the right to revoke consent, even if you provided it in the past. If you tell a company to stop calling you or reply "STOP" to a text message, they must honor your request. Any automated calls they make after that point are illegal, which could be grounds for you to learn more about how to sue for robocalls.

How Much Money Can You Get from an Automated Calls Lawsuit?

When you file an automated calls lawsuit, you are not just trying to stop the harassment; you are also able to seek significant financial compensation. The TCPA provides for statutory damages, which means you don't need to prove you suffered financial harm. The violation itself is the basis for the damages. For each call or text that breaks the law, you can seek $500 in compensation. The law is structured this way to ensure the robocall penalties are meaningful enough to deter corporate misconduct.

These damages can increase substantially if the company's actions were knowing or willful. If a court determines that the company knew it was breaking the law or acted with reckless disregard for it, the damages can be tripled to $1,500 per violation. Because these automated systems often send dozens or even hundreds of messages, the total potential compensation can add up quickly. For example, 20 illegal calls could potentially lead to damages between $10,000 and $30,000. Many successful TCPA cases result in class action settlements, which you can see in our regularly updated TCPA Settlement Tracker.

Real Examples of Violations

Illegal automated calls and texts can take many forms, but they often share common characteristics. They might be from a company you've never heard of, offer something that sounds too good to be true, or continue after you've asked them to stop. Here are a few realistic examples of messages that could be TCPA violations:

Hello, this is an important message from Patriot Auto Warranty regarding your vehicle's factory warranty. Our records indicate it has expired. Press one now to speak to a warranty specialist and reactivate your coverage.

This is a classic prerecorded voice message sent to a consumer without their consent. The urgency and generic nature are common red flags.

Hi Sarah, it's Alex from XYZ Lending. Great news! Based on your credit profile, you're pre-approved for a $15,000 personal loan. Click here to see your rate: [bit.ly/xyz-loanoffer]

This kind of unsolicited text message is a form of marketing that requires prior express written consent. Simply having your name and number isn't enough to make it legal.

ABC Solar: Summer savings are here! Get a free, no-obligation quote on solar panels and slash your electric bill. Reply YES for more info.

Imagine you reply "STOP" to this message, but a week later you receive another text from ABC Solar. Their failure to honor your opt-out request makes the subsequent messages illegal.

How to Check Your Phone for Violations

Your phone may already contain the evidence you need to file a TCPA claim. You just need to know where to look. Taking a few minutes to systematically review your call and message history can uncover violations you may have forgotten about. Follow these steps to audit your device for potential claims.

First, open your phone's call history. Scroll through the list and look for numbers you do not recognize, private numbers, or calls marked as "Scam Likely." Pay close attention to numbers that appear to be spoofed with a local area code, as this is a common tactic.

Next, go to your text messaging application. Use the search bar and look for common marketing keywords like "offer," "winner," "congrats," "free," "deal," or "unsubscribe." Most importantly, search for the word "STOP." This can reveal past text chains where you asked a company to stop contacting you.

When you find a potentially illegal call or text, take a clear screenshot. For a text, make sure the screenshot captures the sender's number, the date and time, and the full content of the message. For a call, a screenshot of your call log showing the number and the time of the call is sufficient. Keeping this evidence organized is the first step toward pursuing an automated calls lawsuit.

Check Your Phone Right Now

Many consumers are surprised to find they have a backlog of illegal messages stored on their phones. Take a moment to perform a quick and effective search.

Open your messages and search the word STOP.

This simple search can instantly pull up every conversation where you have tried to opt out of marketing texts. Any message you received from a sender after you sent "STOP" is a potential violation. Likewise, if you see marketing messages from companies that you never gave permission to contact you in the first place, those could also be illegal. Each one could be worth $500 to $1,500.

Submit screenshots at SpamClaims.com

Frequently Asked Questions

How long do I have to file an automated calls lawsuit?

You generally have four years to file a lawsuit for TCPA violations. This time limit is based on the federal statute of limitations. This means you can look back at calls and texts you received over the past four years to identify potential violations. Because many people do not realize their rights right away, this long window is incredibly helpful. It allows you to gather evidence from years of unwanted contact, potentially increasing the value of your claim. It is always best to act sooner rather than later, as evidence can be lost and memories can fade, but the four-year lookback provides a substantial opportunity to seek justice.

What counts as "prior express written consent"?

Prior express written consent is a high bar set by the TCPA to protect consumers. It requires a company to obtain a written agreement from you that clearly and conspicuously authorizes them to send you marketing messages using an autodialer or prerecorded voice. The agreement must identify the specific company authorized to call and state that you are not required to provide consent as a condition of purchasing any goods or services. This means a company cannot hide the consent language in a long terms of service document. You must take an affirmative action, such as checking a box, that demonstrates you understand and agree to receive these specific types of calls.

Can I sue for calls if I'm on the Do Not Call list?

Yes, being on the National Do Not Call (DNC) Registry can be a strong basis for an automated calls lawsuit. If a telemarketer calls your number more than 31 days after you registered it, they have likely violated the TCPA. The DNC rules apply to all telemarketers, even if they are not using an autodialer. There are exceptions for political organizations, charities, and companies with whom you have an existing business relationship, but those exceptions are narrow. Documenting calls you receive while on the DNC list is excellent evidence that the contact was unsolicited and unwanted.

What if the number is spoofed?

Dealing with spoofed numbers, where the caller ID is falsified to look like a local or legitimate number, adds a layer of complexity to a TCPA case. However, it does not make a lawsuit impossible. While it can be difficult to identify the party making the call, experienced attorneys have access to advanced tracing tools and can investigate the origin of the calls. Additionally, the TCPA allows for lawsuits against the company that benefits from the illegal calls, even if they hired a third-party lead generator to make them. This concept of robocall lead generator liability means the company paying for the illegal marketing campaign can still be held responsible.

TLDR

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This article is for informational purposes only and does not create an attorney-client relationship.