robocalls ยท 6 min read

Using a Robocall Blocker App? The TCPA Still Protects You

Using a robocall blocker app is a smart move, but what happens when illegal calls still get through? The Telephone Consumer Protection Act (TCPA) provides a powerful answer. Under this federal law, you may be entitled to recover $500 for every illegal robocall or text you receive, with damages increasing to $1,500 if the violation was willful. The existence of a robocall blocker app on your phone does not change a company's legal responsibility to obtain your consent before contacting you with automated technology. In fact, the calls that bypass your app's filters are often the most blatant violations. This article explains how the TCPA works alongside your call blocking tools and how you can turn those annoying interruptions into significant compensation. Your rights are defined by the law, not the effectiveness of your app.

What is the Telephone Consumer Protection Act (TCPA)?

The Telephone Consumer Protection Act, or TCPA, is a federal law designed to shield consumers from the flood of unwanted telemarketing communications. Enacted in 1991, it places strict rules on how businesses can contact you using automated dialing systems and prerecorded or artificial voice messages. For most marketing calls and texts sent to a cell phone, the law requires the sender to obtain your "prior express written consent" before the first message is ever sent. This means you must have clearly and explicitly agreed to receive automated marketing from that specific company. The TCPA is the primary legal tool consumers have to fight back against spam. This article is for informational purposes only and does not create an attorney-client relationship.

Do Robocall Blocker Apps Affect My TCPA Rights?

This is a common question, and the answer is a definitive no. Using a robocall blocker app does not weaken or waive your rights under the TCPA. The legal burden is entirely on the calling party to comply with the law, not on you to successfully block their calls. Think of a blocker app as a helpful filter, but not a legal shield for violators. When an illegal robocall makes it past your blocker app, it is still an illegal robocall, and the sender is just as liable as if you had no app at all. In many ways, these apps can strengthen your potential claim. Their call logs provide excellent, time-stamped evidence of incoming calls, their frequency, and the numbers used, which is crucial for building a case. The goal is to stop illegal robocalls at their source, and the TCPA provides the financial incentive to do so.

How Much Can You Get for Illegal Robocalls?

The TCPA sets specific statutory damages for violations, making it one of the most powerful consumer protection laws. For each call or text that violates the act, you could recover $500. This amount can be tripled to $1,500 per violation if a court finds that the company acted willfully or knowingly. A willful violation often means the company knew they were breaking the law or continued to contact you after you explicitly told them to stop. These TCPA violation penalties can add up very quickly. For example, receiving ten illegal robocalls from the same company could potentially result in a claim for $5,000, or up to $15,000 if the violations were willful. You can learn more about potential compensation by reading about the average robocall settlement payout: how much can you get?.

Real Examples of TCPA Violations

Sometimes it helps to see what a violation looks like in the real world. These are the types of calls and texts that, even if they slip past your robocall blocker app, could be grounds for a TCPA claim. Note how they often involve marketing messages you never asked for.

"Hi, this is a message from ABC Solar. We're offering a limited-time 20% discount on solar panel installation in your area. Press 1 to speak with a representative or visit our website to learn more."

"XYZ Lending: You're pre-approved for a personal loan of up to $10,000! No credit check required. Click here to claim your funds now: [link] Reply STOP to unsubscribe."

"This is an important message regarding your vehicle's extended warranty. Our records indicate your factory warranty may be expired or about to expire. Don't get stuck with costly repair bills. Press 1 to review your options."

If you have received messages like these without giving the company explicit permission to contact you, you may have a valid claim. The key is the lack of prior consent. It is worth noting that even a robocall from a spoofed number could get you $500 to $1,500.

How to Document Robocalls for a TCPA Claim

Proper documentation is the foundation of a strong TCPA claim. While your robocall blocker app can help, it is wise to be proactive in gathering your own evidence. Start by opening your phone's native call and text message logs. Take clear screenshots of every unwanted communication, making sure each screenshot includes the sender's number or short code and the date and time it was received. For phone calls, log the date, time, and the number that called you. If you answered, jot down notes about whether it was a prerecorded message or a live person, and what company they claimed to represent. This detailed record-keeping makes it much easier to establish a pattern of harassment. You can see what kind of evidence leads to success by reviewing our TCPA Settlement Tracker for examples of real cases.

Check Your Phone Right Now

Many illegal marketing campaigns hide in plain sight. They rely on you deleting the message and moving on. Take a moment to check for evidence.

Open your messages and search the word STOP.

Every text you find where you replied "STOP" is potential evidence. If a company texted you again after you unsubscribed, that could be a willful violation of the TCPA, worth up to $1,500. Gather screenshots of these conversations, including your STOP request and any messages that came after it. Each one could be a valuable part of your claim.

When you're ready, you can Submit screenshots at SpamClaims.com for a free evaluation.

Frequently Asked Questions

Can I sue for robocalls even if I use a blocker app?

Absolutely. A robocall blocker app is a personal tool for managing incoming calls; it has no bearing on a caller's legal obligations under the TCPA. The law requires callers to get your consent before using an autodialer. If they fail to do so and their call gets through your app, they have violated the law. In fact, your app's call log can serve as an excellent, organized source of evidence, documenting the date, time, and number of each illegal call you receive. Your right to sue comes from the TCPA, not from the technology on your phone.

What is the statute of limitations for a TCPA lawsuit?

The statute of limitations is the time limit for filing a lawsuit. For TCPA claims, there is a federal four-year statute of limitations. This means you generally have four years from the date of the illegal call or text to file a claim. While this may seem like a long time, it is always best to act quickly. Memories fade, phone records can be lost, and companies can go out of business. Documenting violations and seeking legal evaluation as soon as possible gives you the best chance of successfully pursuing a claim for compensation.

Do the FCC robocall rules apply to text messages?

Yes, they do. The TCPA, along with the FCC robocall rules that implement the act, broadly defines "calls" to include text messages. The same restrictions on using autodialers to contact cell phones apply equally to voice calls and SMS or MMS texts. Therefore, a company needs your prior express written consent to send you automated marketing texts, just as they would for prerecorded marketing calls. Unsolicited spam texts are a major source of TCPA violations, and each one carries the same potential penalty of $500 to $1,500. You can submit a claim for illegal texts the same way you would for calls.

What counts as "prior express written consent"?

"Prior express written consent" is a specific legal standard that is much higher than simply giving a company your phone number. It requires a written agreement, signed by you, that clearly authorizes the sender to deliver advertisements or telemarketing messages using an autodialer or prerecorded voice. The agreement must identify the specific company being given permission and state that you are not required to consent as a condition of purchasing any goods or services. In the digital age, checking a box on a website form with clear disclosure language often qualifies as a valid written agreement.

TLDR

Submit your spam screenshots for attorney review

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