robocalls · 4 min read
Can You Sue for Robocalls and Spam Calls?
Spam calls and robocalls are a top consumer complaint. The Telephone Consumer Protection Act (TCPA) provides a legal remedy, placing strict limits on automated dialing systems and prerecorded marketing messages. If a company violates these rules, you may be able to file a robocall lawsuit. Potential damages are $500 per violation, which can increase to $1,500 per violation if the conduct was willful.
What Is a Robocall
A robocall is a phone call using an automated dialer or a prerecorded voice. Telemarketers use them for campaigns promoting:
- Credit card offers
- Health insurance marketing
- Debt consolidation services
- Extended car warranty promotions
- Solar and home improvement sales
If made to a wireless number without proper consent, these calls may violate federal law. This article is for informational purposes only and does not create an attorney-client relationship.
TCPA Protections
The TCPA requires businesses to get your prior express written consent before making automated marketing calls to your wireless number. It also protects consumers on the National Do Not Call Registry, as telemarketers must scrub lists against it. While narrow exceptions exist, you can revoke consent at any time. Companies ignoring these rules face liability. For more background, see our Complete Guide to TCPA Lawsuits.
Robocall Lawsuit Damages
A successful robocall lawsuit can result in statutory damages. The TCPA provides for $500 per violation, increasing to $1,500 per violation for willful conduct. Since each call is a separate violation, damages can add up quickly, even without direct financial loss. For a walkthrough of the process, read our Robocall Lawsuit Guide.
Examples of Robocall Lawsuits
Many large companies have paid significant settlements for illegal robocall campaigns, showing how seriously courts handle these violations. A few notable examples are:
- Dish Network: roughly $280 million in penalties tied to telemarketing violations
- Capital One: about $75 million in a robocall class action settlement
- Jiffy Lube: $47 million resolution after automated marketing calls
- Caribbean Cruise Line: about $76 million for prerecorded marketing calls
These cases reflect the financial risks of ignoring the TCPA. Browse the full list in the 2026 TCPA Settlement Tracker.
How to Identify Robocalls
Robocalls often have telltale signs that distinguish them from normal calls. Many illegal campaigns also use follow-up texts, which can be strong evidence. Watch for:
- A prerecorded or artificial voice message
- A long pause of 2 to 5 seconds before a live agent speaks
- Calls from unfamiliar area codes or rotating numbers
- Repeated calls from different numbers tied to the same product
- Prompts to press 1 to speak with an agent
Real Examples of Violations
The company names below are placeholders, but the scripts are typical of TCPA cases. If you never gave the caller permission, calls and texts like these may be illegal.
Voicemail: "This is the final notice regarding your vehicle warranty. Press 1 now to speak with an ABC Auto Protect representative or press 2 to be removed."
Voicemail: "Hi, this is Sarah with XYZ Health Plans. We have new options in your area. Call us back at this number, or reply STOP to opt out."
Live agent (after long pause): "Hello, am I speaking with the homeowner? I am with ABC Solar and we can lower your power bill."
These examples illustrate common unsolicited marketing tactics that often violate the law.
Check Your Phone Right Now
Open your messages and search the word STOP.
Robocall campaigns are frequently paired with marketing texts that include "Reply STOP to unsubscribe." Each illegal text can serve as strong evidence and may be worth $500, potentially up to $1,500 if the violation was willful, in addition to any damages from the calls themselves.
Submit screenshots at SpamClaims.com
Frequently Asked Questions
Can robocalls violate the TCPA?
Yes. Automated or prerecorded marketing calls to a wireless number without your prior express written consent may violate the TCPA. The law also protects landlines in many cases. Whether a specific call is illegal depends on the technology used, its purpose, and the status of your consent.
What damages are available under the TCPA?
Consumers may recover statutory damages of $500 per violation, and up to $1,500 per violation for willful conduct under 47 U.S.C. § 227(b)(3). You do not need to prove financial loss to recover. Cases are often resolved individually or as class actions.
Do robocalls count as separate violations?
Yes, each illegal call or text message generally counts as a separate violation. Therefore, a campaign involving multiple calls and texts can result in numerous violations, allowing damages to accumulate. For instance, four calls and six texts could create ten potential violations.
Does the Do Not Call Registry matter?
Yes, it matters significantly. Telemarketers must scrub their lists against the National Do Not Call Registry and avoid calling registered numbers, with few exceptions. A call to a DNC-listed number can create a separate TCPA claim, strengthening a potential case.
How long do I have to file a robocall claim?
Generally, you have four years to file a TCPA claim, based on the federal statute of limitations at 28 U.S.C. § 1658. Because of this four-year window, it is a good idea to review your older call logs and text messages for potential violations.
TLDR
- The TCPA provides statutory damages of $500 per illegal call, and up to $1,500 per call for willful violations.
- Autodialed or prerecorded marketing robocalls to wireless numbers without consent may be illegal.
- Each call and text is a separate violation, and damages can accumulate quickly.
- The National Do Not Call Registry offers another layer of consumer protection.
- Major companies have paid millions in settlements. See the 2026 TCPA Settlement Tracker, or submit your screenshots at SpamClaims.com for a free review.
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This article is for informational purposes only and does not create an attorney-client relationship.