robocalls · 5 min read

Filing a Prerecorded Message Lawsuit: Your Guide to TCPA Compensation

A prerecorded message lawsuit could entitle you to between $500 and $1,500 for every single illegal call you receive. This form of compensation is made possible by a federal law, the Telephone Consumer Protection Act (TCPA). The law specifically targets unsolicited marketing calls that use an "artificial or prerecorded voice." If a company contacts your cell phone or home phone with a robocall for marketing purposes, they need your prior express written consent to do so. Without that clear permission, the call is illegal. This gives you, the consumer, the power to hold them accountable. Filing a prerecorded message lawsuit is the mechanism to enforce your rights and collect statutory damages for the violation.

What Does the TCPA Say About Prerecorded Messages?

The Telephone Consumer Protection Act is very clear about the use of automated call technology. Section 47 U.S.C. § 227(b) of the act makes it unlawful for any person to make a call using an artificial or prerecorded voice to any residential telephone line or wireless number without prior consent. For telemarketing or advertising calls, the Federal Communications Commission (FCC) has clarified that the required level of consent is "prior express written consent." This means a consumer must have signed a clear and conspicuous disclosure agreeing to receive these specific types of calls from a specific company. A vague entry in a long terms of service document is generally not sufficient. This article is for informational purposes only and does not create an attorney-client relationship. When companies ignore these rules, they open themselves up to a potential Robocall TCPA Violation claim from every person they called illegally.

What Qualifies as an Illegal Prerecorded Message?

Not every prerecorded message is illegal. For example, informational calls that you have consented to, such as an appointment reminder from your doctor or a flight status update from an airline, are generally permissible. The key distinction lies in the call's purpose and the consent you provided. A prerecorded message becomes a TCPA violation when it is a commercial advertisement or telemarketing pitch that you never agreed to receive. These are the types of illegal robocalls that form the basis for most consumer lawsuits. Even if you have a prior business relationship with a company, they cannot legally start sending you marketing robocalls without first getting your express written permission. The law is designed to protect consumers from the nuisance and invasion of privacy that these unsolicited marketing calls represent.

How Much Is a Prerecorded Message Lawsuit Worth?

The TCPA provides a private right of action, which allows individuals to sue violators and collect statutory damages. For each call that violates the rules, you may be entitled to recover $500. More importantly, if you can prove that the company made the call willfully or knowingly, those damages can be tripled to $1,500 per violation. These amounts can add up quickly. For instance, if a company called you 10 times with an illegal artificial voice message, you could be looking at $5,000 in damages, or up to $15,000 if the violations were deemed willful. The federal statute of limitations for TCPA claims is four years, giving you a generous window to review your call history for violations. To see what a potential robocall settlement payout looks like, it's helpful to understand how these per-call penalties accumulate.

Real Examples of Illegal Robocalls

You've likely encountered these calls before. The phone rings with an unfamiliar number, and when you answer, you are greeted not by a person but by a robotic voice launching into a sales pitch. These unsolicited calls are prime candidates for a TCPA claim. Here are a few common examples:

"Hello. We are calling with an important update about your vehicle's extended warranty. Our records indicate your factory coverage has expired. Press one to speak with a specialist now..."

"Congratulations! You have been pre-approved for a business loan of up to $250,000 with XYZ Lending. No credit check required. To claim your funds, press one..."

"This is a message from ABC Solar about new government rebates in your area. You may be eligible for a zero-down solar panel installation. Press one to learn more..."

If you have received calls with messages like these without giving the sender prior written permission, you may have a valid claim.

How to Check Your Phone for Violations

Your phone's call and message history can be a goldmine of evidence for a potential TCPA lawsuit. Start by opening your phone's call log and voicemail application. Scroll through the history, paying close attention to numbers you do not recognize, calls flagged as "Spam Likely," or calls from blocked or unknown IDs. Listen to any voicemails left by these callers. If you find a prerecorded marketing pitch, you have found a potential violation. Be sure to take screenshots that clearly show the incoming phone number, the date, and the time of the call. Do not delete the voicemails. The more documented calls you have, the stronger your potential claim for TCPA violation compensation becomes. Once you gather this evidence, you can submit your claim for a free review.

Check Your Phone Right Now

One of the fastest ways to find potential violations is to check for illegal texts, which are also covered by the TCPA's rules on autodialers.

Open your messages and search the word STOP.

This simple search will pull up automated marketing text threads where you may have tried to opt out. If a company continued to text you after you replied STOP, or if you never consented to their texts in the first place, each message could be a violation worth $500 to $1,500. Save those screenshots.

Submit screenshots at SpamClaims.com

Frequently Asked Questions

Can I sue for a single prerecorded message?

Yes, you absolutely can. The TCPA provides for statutory damages on a per-violation basis, meaning even one illegal call constitutes a valid cause of action. A single unwanted prerecorded call made for marketing purposes without your consent is a violation potentially worth $500. While lawyers often look for a pattern of contact to build a larger case, the law does not require multiple violations to file a claim. Proving that one call was made using a prerecorded voice for advertising without your prior express written consent is enough to establish a violation and seek TCPA violation compensation.

What is the difference between a prerecorded message and an autodialer?

A prerecorded message refers to the content of the call, specifically one that uses an artificial or prerecorded voice instead of a live human agent. An autodialer, or Automatic Telephone Dialing System (ATDS), refers to the equipment used to make the call, such as technology that can store or produce numbers and dial them automatically. The TCPA regulates both independently. A company can break the law by using an ATDS to call your cell phone without consent, and they can also break the law by placing a call using a prerecorded voice without consent. Many illegal robocall campaigns use both technologies at the same time.

Does replying "STOP" help my prerecorded message lawsuit?

While "STOP" replies are most relevant to text message claims, the principle behind them is crucial for call-based lawsuits as well. Verbally telling a live agent to place you on their internal do-not-call list is the equivalent of replying "STOP." This action serves as a clear and undeniable revocation of any consent the company may have thought they had. If the company contacts you again after you have instructed them to stop, it provides powerful evidence that their subsequent violations were "willful" or "knowing." This can triple the potential damages from $500 to $1,500 per call, making it a critical piece of evidence.

How long does a prerecorded message lawsuit take?

The timeline for a TCPA lawsuit varies significantly based on several factors, including the defendant's cooperation, the complexity of the evidence, and court backlogs. Many strong claims are resolved relatively quickly through a pre-litigation demand letter, resulting in a settlement in just a few months. If the company is unwilling to settle and the case proceeds to litigation, it can take a year or longer to reach a resolution. Reviewing public data, such as our TCPA Settlement Tracker, can offer a general sense of case outcomes, but an attorney can provide a more accurate estimate based on the specific details of your claim.

TLDR

Submit your spam screenshots for attorney review

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