robocalls ยท 6 min read

Still Getting Spam With a Robocall Blocker App? The TCPA Can Help.

Even with the best robocall blocker app, illegal calls and texts still get through. While these apps provide a layer of defense, they don't offer a way to hold violators accountable. That is where the Telephone Consumer Protection Act (TCPA) comes in. This federal law empowers you to take action, and you may be entitled to statutory damages of $500 for every single illegal robocall or spam text you receive. If a court finds the violation was willful or knowing, that amount can triple to $1,500 per infraction. Your call log and text history, even the ones caught by your app, could be valuable evidence in a potential TCPA robocall lawsuit. The law, not just technology, provides the most powerful tool against telemarketing harassment.

Why Blocker Apps Don't Stop All Robocalls

Robocall blocker apps are a popular defense against the daily barrage of unwanted calls, but they are not foolproof. Scammers and aggressive telemarketers constantly evolve their tactics to bypass these technological barriers. They often use a technique called "neighbor spoofing," where they manipulate the caller ID to display a local number, making you more likely to answer and tricking some apps. Furthermore, they can rapidly cycle through thousands of different phone numbers, rendering number-based blocking ineffective.

While a good app can reduce the number of interruptions you experience, it doesn't address the root of the problem. The call attempt itself is often the violation. More importantly, the TCPA provides a legal and financial remedy that technology alone cannot. It targets the entity making the call, creating a powerful financial disincentive for companies to engage in illegal dialing practices.

What Does the TCPA Say About Robocalls?

The Telephone Consumer Protection Act is a federal law designed to protect your privacy from intrusive telemarketing. For calls and texts made to your cell phone, its rules are very strict. The law requires a company to get your "prior express written consent" before it can contact you using an autodialer or a prerecorded message for marketing purposes. This consent must be a clear, unambiguous agreement that you provide in writing (including electronically) that specifies the number that may be called and confirms you agree to receive marketing calls from that seller.

Simply providing your phone number to a business, for example, when buying a product or signing up for a service, does not count as consent for marketing robocalls. The consent must be separate and explicit for advertising communications. The TCPA makes it clear that the burden is on the caller to prove they had the proper permission. Without it, their autodialed or prerecorded calls are illegal, and each one represents a potential claim for compensation, making it a key tool for consumers looking into reporting spam calls for money.

How Robocalls Violate Your TCPA Rights

A robocall can violate your rights in several ways, even if you use a robocall blocker app TCPA claims can still be valid. The most common violation is when a company uses an autodialer or sends a prerecorded message to your cell phone for marketing without your prior express written consent. It is important to note that the call does not need to connect or you do not have to answer it for it to be a violation. A documented call attempt in your phone's log is sufficient evidence.

Another frequent violation occurs when you revoke consent, but the calls continue. If you tell a caller to stop calling or reply "STOP" to a text message campaign, they must honor that request within a reasonable time. Continuing to contact you after you have opted out is a clear TCPA violation. Furthermore, calling a number listed on the National Do Not Call Registry can also be a violation, creating another avenue for a potential TCPA robocall lawsuit. This article is for informational purposes only and does not create an attorney-client relationship.

How Much Money Can You Get for Illegal Robocalls?

The TCPA provides for specific financial penalties that companies must pay for each violation. For every illegal robocall or text message, you could be entitled to recover $500 in statutory damages. This amount is not a ceiling but a baseline for each individual infraction. So, if a company robocalled you 10 times without your consent, you could potentially claim $5,000.

Moreover, the law includes a provision for enhanced damages. If you can prove that the company made the calls willfully or knowingly, meaning they knew they were breaking the law or recklessly disregarded it, the court can triple the damages to $1,500 per violation. These figures are not just theoretical; they are frequently awarded in court and negotiated in settlements. You can see many examples of companies paying significant sums in our TCPA Settlement Tracker. The law provides a four-year statute of limitations, so calls you received years ago may still be actionable.

Real Examples of Illegal Robocalls

Many illegal robocalls follow predictable scripts. These prerecorded messages are often delivered by an autodialer and are clear violations if you did not provide prior express written consent.

Here is a common example related to auto warranties:

"We have been trying to reach you regarding your car's extended warranty. Your factory warranty has expired, and you are at risk of paying for costly repairs out of pocket. Please press 1 now to speak with a warranty specialist."

Another frequent type of illegal call is a phantom debt collection attempt:

"This is an urgent message for John Smith. A complaint has been filed against you. Please call us back immediately at 888-555-1234 to discuss this matter before we proceed with further action."

Unsolicited marketing calls, like this one from a fictional solar company, are also prohibited:

"Homeowners in your area may be eligible for a zero-down solar panel installation through a new state program. Reduce your electric bill today. Press 1 to connect with a solar consultant from ABC Solar."

How to Find TCPA Violations on Your Phone

Your smartphone already contains the primary evidence you need to build a TCPA case. The key is knowing where to look and how to preserve it. Follow these simple steps to audit your call and text history for potential violations.

  1. Check Your Call Logs: Open your phone's recent calls list. Look for numbers you do not recognize, especially those with local area codes that you did not answer. Scammers often use spoofed local numbers to appear legitimate. Take screenshots of these call logs, making sure the date, time, and full phone number are visible.
  2. Review Voicemails: Listen to your voicemails, especially those from unknown numbers. If you find any containing illegal prerecorded messages, you have found a potential violation. Save these voicemails and, if possible, take a screenshot of the voicemail transcript.
  3. Search Your Text Messages: Open your messaging app and use the search function. Look for keywords like "STOP," "winner," "congratulations," or "pre-approved." Messages from companies you never contacted are strong evidence. Take full-page screenshots of these threads, capturing the sender's number or short code and the date of the messages.

Check Your Phone Right Now

One of the fastest ways to find evidence of TCPA violations is to look for conversations where you tried to opt out. Many automated marketing systems are legally required to include this option, but they do not always honor it.

Open your messages and search the word STOP.

Did you reply "STOP" to a sender, only to receive more messages from them days or weeks later? Each message you received after you opted out could be a distinct violation worth $500 to $1,500. Gather screenshots of these conversations, as they are powerful proof that a company ignored your request to be left alone. Once you have them, you can submit screenshots at SpamClaims.com for a free case evaluation.

Frequently Asked Questions

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

Yes, absolutely. Using a robocall blocker app does not waive your rights under the TCPA. The violation occurs when the company makes the illegal call or sends the illegal text, regardless of whether your phone rang or your app intercepted it. The record of the call attempt in your call log or the blocked call notification from your app still serves as evidence that the call was placed. In fact, your app's log can be a useful tool for documenting the frequency and volume of illegal calls from a particular entity, strengthening your potential claim for compensation.

What evidence do I need for a TCPA claim?

Solid evidence is crucial for a successful TCPA claim. The best evidence includes screenshots of your call logs showing the incoming numbers, dates, and times of the calls. For text messages, take screenshots of the entire conversation, making sure to capture the sender's short code or number and the content of the messages. Voicemail recordings or transcripts of prerecorded messages are also extremely valuable. It is a good practice to keep a simple log noting any interactions, such as when you asked a company to stop calling you. The more documentation you have, the stronger your case will be.

Does the Do Not Call Registry stop all robocalls?

No, the National Do Not Call (DNC) Registry has limitations. First, it does not apply to political organizations, charities, telephone surveyors, or companies with whom you have an existing business relationship. Second, and more importantly, legitimate companies comply with the DNC Registry, but illegal scammers and aggressive telemarketers simply ignore it. While placing a marketing robocall to a number on the DNC list can be a TCPA violation, the strongest protection for cell phones comes from the TCPA's rule requiring prior express written consent for all autodialed or prerecorded marketing calls, regardless of DNC status.

How long do I have to file a TCPA lawsuit?

The TCPA has a statute of limitations of four years. This means you have four years from the date of the violation, meaning the date the illegal call or text was sent, to file a lawsuit. This generous timeframe allows you to look back through your call and text history for evidence. Calls and messages you received several years ago could still be actionable and lead to significant compensation. It is always best to act sooner rather than later, as collecting evidence and building a case takes time, but do not assume it is too late without checking your records.

TLDR

Submit your spam screenshots for attorney review

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