robocalls · 6 min read

A Guide to Illegal Robocalls Compensation

Yes, you can receive illegal robocalls compensation under federal law. The Telephone Consumer Protection Act (TCPA) provides a legal remedy for consumers who are harassed by unwanted automated calls and text messages. Under the TCPA, you may be entitled to statutory damages of $500 for each violation. If a company is found to have knowingly and willfully broken the law, that amount can triple to $1,500 per call or text. This financial penalty serves a dual purpose. It compensates you for the invasion of your privacy and the nuisance of the call, and it creates a powerful incentive for companies to comply with the law. These provisions empower consumers to hold illegal spammers accountable for their actions, turning your frustrating experience into a potential financial recovery.

What Does the Law Say About Illegal Robocalls Compensation?

The foundation for illegal robocalls compensation is the Telephone Consumer Protection Act (TCPA). This federal statute was enacted to protect consumers from the growing nuisance of unsolicited telemarketing. The law places specific restrictions on how and when companies can contact you using automated technology. For marketing messages sent to a wireless number, the TCPA generally requires companies to obtain your “prior express written consent” before they can legally use an autodialer or a prerecorded voice to call or text you. Without this clear permission, each call or text they send could be a violation, entitling you to TCPA statutory damages. This article is for informational purposes only and does not create an attorney-client relationship.

What Qualifies as an Illegal Robocall?

Not every unwanted call is automatically a violation, so it is important to understand what makes a robocall illegal. The most common violation involves the use of an autodialer or an artificial or prerecorded voice to call a cell phone without the recipient's prior express written consent. This is the cornerstone of many TCPA claims. Furthermore, if your number is on the National Do Not Call Registry, most telemarketers are prohibited from calling you. Another clear violation occurs when you revoke consent by telling a company to stop calling or by replying “STOP” to a text message, but they continue to contact you anyway. These rules create a clear framework for identifying calls that cross the legal line.

How Much Compensation Can You Receive?

The TCPA is specific about the financial remedies available to consumers. For each call or text that violates the law, you can seek $500 in statutory damages. This amount is set by the statute and is not based on proving a specific financial loss on your part; the invasion of privacy itself is the harm. However, the law provides an even stronger penalty for flagrant violators. If you can demonstrate that the company made the illegal calls or sent the texts willfully or knowingly, the compensation can increase to $1,500 per violation. For a person receiving dozens of illegal calls, these damages can add up quickly, making a robocall settlement payout a significant deterrent for non-compliant businesses.

The Importance of Prior Express Written Consent

Understanding the concept of “prior express written consent” is key to a successful claim for illegal robocalls compensation. For marketing communications, this is a very high standard for companies to meet. The consent must be in writing, whether on paper or in a digital format like a website form checkbox. It must clearly state that by providing a signature (electronic or handwritten), the consumer agrees to receive marketing calls or texts from a specific seller, and it must specify that these messages may be sent using an autodialer. Critically, the company must also state that agreeing to receive these calls is not a condition of purchasing any goods or services. Many companies fail to meet these strict requirements, making their calls and texts illegal from the start.

Real-World Examples of TCPA Violations

Sometimes the best way to understand the law is to see it in action. These examples represent common scenarios that could lead to a successful claim for compensation. If you have received messages like these, you may have a case.

Hi this is Sarah from ABC Solar. We're offering no-cost solar panel installation quotes in your area for a limited time. Call us back at 888-555-1234 to see if you qualify!

XYZ Lending: Your pre-approved loan of $5,000 is waiting for you. Don't miss out on this opportunity! Click here to claim your funds now: [suspicious link]

FINAL NOTICE from Quick Cash Loans. Your file is flagged for a special debt consolidation offer. You must call us today to review your options before this offer expires. Call 888-555-5678.

How to Check Your Phone for Violations

Now that you know what to look for, you can become a detective and check your own phone for evidence. The proof of illegal robocalls and texts is likely sitting right in your call logs and message history. Start by opening your text messaging app and using the search function. A great search term to start with is “STOP,” as this will pull up conversations where you may have tried to opt out of marketing messages. If a company texted you again after you sent that command, that is a potential violation. As you find potential violations, be sure to take screenshots, making sure the company's number or short code and the date of the message are visible. For calls, screenshot your call log showing the incoming number and the date of the call. This documentation is crucial evidence for building a robocall lawsuit.

Check Your Phone Right Now

Take a moment to put this knowledge into practice. The evidence you need to secure illegal robocalls compensation might be just a few taps away. Grab your phone and follow this simple step.

Open your messages and search the word STOP.

Did you find any texts sent after you replied STOP to a company? Every one of those messages could be a distinct violation of the TCPA. Companies are legally required to honor opt-out requests in a reasonable amount of time. When they fail to do so, they may be liable for damages. You can gather this evidence and submit it for a free evaluation.

Submit screenshots at SpamClaims.com

Frequently Asked Questions

How do I prove a robocall was illegal?

Proving a robocall was illegal starts with documentation. The best evidence includes screenshots of your call log or text messages that clearly show the sender's number or short code, the date and time of the communication, and the content of the message. If you told a company to stop calling you, make a note of the date, time, and who you spoke with. For text messages, a screenshot of you replying "STOP" followed by more messages from the same sender is powerful proof. This evidence helps establish that a company contacted you without consent or after you revoked consent, forming the basis for your claim for illegal robocalls compensation.

Is it expensive to file a claim for illegal robocalls compensation?

No, pursuing a claim should not cost you anything out of pocket. Most attorneys who handle TCPA cases, and services like SpamClaims.com, operate on a contingency fee basis. This means the lawyer or firm only gets paid if they successfully recover money for you, typically as a percentage of the final settlement or award. You do not have to pay upfront fees or hourly rates. This model allows anyone to seek justice and hold companies accountable, regardless of their financial situation. To learn more, you can read our guide on robocall lawsuit cost.

What is the statute of limitations for a TCPA claim?

In general, the statute of limitations for filing a TCPA lawsuit is four years from the date of the violation. This means you have four years from the time you received an illegal robocall or text message to file a claim in federal court. While that may seem like a long time, it is always best to act quickly. Memories fade, phone records can be lost, and it becomes more difficult to gather evidence as time passes. If you believe you have been receiving illegal communications, start documenting them now and seek a case evaluation sooner rather than later to protect your rights.

Can I get compensation for unwanted text messages too?

The TCPA applies equally to both robocalls and text messages. The law's definition of a "call" has been interpreted by courts and the FCC to include text messages, including SMS and MMS. Therefore, all the rules that apply to autodialed and prerecorded voice calls also apply to automated texts. Companies need your prior express written consent to send you marketing texts using an autodialer, and each unsolicited text they send can be a separate violation worth $500 to $1,500. So, yes, your unwanted spam texts can be just as valuable as illegal robocalls when seeking compensation.

Where can I see examples of past TCPA settlements?

Many TCPA class action lawsuits result in significant settlements, and reviewing them can provide insight into how these cases are valued. Public records and legal news outlets often report on major settlements. To make it easier for consumers, we compile and track major TCPA and consumer privacy settlements in our TCPA Settlement Tracker. This resource provides details on which companies settled, the size of the settlement fund, and who was eligible to claim a piece of the payout. It's a great way to see the real-world impact of TCPA litigation.

TLDR

Submit your spam screenshots for attorney review

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