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How to File a Robocall From IRS Scam Lawsuit

Receiving a threatening robocall from someone claiming to be the IRS can be frightening, but it is almost certainly a scam. More importantly, it may be an illegal call that entitles you to compensation. Under the Telephone Consumer Protection Act (TCPA), you could recover $500 for every illegal robocall and up to $1,500 per call if the violation was willful. A robocall from an IRS scam lawsuit is a legal action you can take against the entity that placed the call, holding them accountable for their illegal contact. The real IRS does not initiate contact with taxpayers by email, text messages, or social media channels to request personal or financial information. These calls are not just annoying. They are a violation of your privacy and federal law, and you have rights.

What Does the TCPA Say About IRS Scam Robocalls?

The Telephone Consumer Protection Act, or TCPA, is a federal law designed to protect consumers from harassing and unwanted telephone solicitations. The law places strict rules on telemarketers, especially when they use automated technology. One of the core provisions of the TCPA is the prohibition against making calls using a prerecorded or artificial voice to a person's cell phone without their prior express written consent. Since you would never consent to receive a scam call, virtually every robocall from a fake IRS agent is a violation of the TCPA.

These scammers are preying on fear, but their method of contact is what breaks the law. The TCPA provides a private right of action, which means you, the consumer who received the call, can sue the violator for damages. The fact that the call's content is fraudulent is separate from the TCPA violation, which focuses entirely on the use of automated dialing technology and prerecorded messages. This legal framework is what makes a robocall from IRS scam lawsuit possible.

How Do These Scams Violate Federal Law?

IRS scam robocalls violate the TCPA in a very direct way. When your phone rings and you hear a pre-recorded voice message threatening you with arrest or legal action over unpaid taxes, that is a clear violation. The law requires a company to have your unambiguous, written permission before they can legally send you a marketing message using a prerecorded voice. Scammers, by their very nature, do not obtain this consent. Therefore, each call they make to your cellphone using this technology represents a distinct legal violation.

Furthermore, these scammers often use a technique called "caller ID spoofing" to mask their true identity and location. They might make the call appear as if it is coming from Washington, D.C., or even a local police department. While technologies like Robocall STIR/SHAKEN aim to combat this deception, the core TCPA violation remains the unconsented use of a prerecorded message. If you have been receiving these types of calls, you may have grounds to file a prerecorded message lawsuit and seek compensation for each illegal contact.

How Much Can You Get From an IRS Robocall Lawsuit?

Under the TCPA, the financial penalties for illegal robocalls are significant. For each call that violates the statute, you may be entitled to recover $500 in statutory damages. This amount is not per person, but per violation. So, if a scammer called you ten times using a prerecorded message, you could potentially claim $5,000. This is the baseline compensation established by the law.

However, the law also includes a provision for enhanced damages. If you can demonstrate that the robocaller made the calls willfully or knowingly, the court can triple the damages to $1,500 per call. Given that IRS scam robocalls are inherently deceptive and illegal, arguing for willful violation is often straightforward. This means those same ten calls could potentially result in $15,000. It is also important to note that the statute of limitations for TCPA claims is four years, so you can claim damages for calls you received over the past several years. You can see what companies have paid in the past by reviewing our TCPA Settlement Tracker.

Real Examples of IRS Robocall Scams

Recognizing the script of an IRS scam robocall is the first step toward identifying a TCPA violation. These calls are designed to create panic and urgency, pressuring you to act without thinking. Here are a couple of typical examples:

"This is a final notice from the Internal Revenue Service. We have filed a lawsuit on your name and an arrest warrant has been issued. To get more information about this case, press one now to speak to a federal agent."

This classic scam uses the threat of legal action and arrest to scare you into responding. The real IRS would never use such tactics or language. Another common variation is less threatening but still deceptive:

"Hello, this is an important message from the IRS tax relief program. Due to recent changes, you may be eligible to settle your tax debt for a fraction of what you owe. Please press one to speak with a tax specialist immediately."

This version plays on the hope of financial relief. In either case, the use of a prerecorded voice to your cell phone without your consent is the key element that constitutes a TCPA violation.

How to Document Evidence for a Lawsuit

If you believe you have been the victim of illegal IRS scam robocalls, collecting proper evidence is crucial for building a strong case. You should start by reviewing your phone's call history and voicemail records. Do not delete anything that seems suspicious. Instead, take clear screenshots of your call log showing the incoming number, the date, and the time of the call. If the scammer left a voicemail, save the audio file if possible or use a transcription service to create a written record.

Create a log for yourself with the following details for each potential violation:

Taking these steps provides the concrete proof needed to pursue a claim. One of the best ways to stop IRS scam calls is to make them unprofitable for the callers. By holding them accountable under the TCPA, you can do just that. This article is for informational purposes only and does not create an attorney-client relationship. When you have your evidence gathered, you can submit your claim for a free case review.

Check Your Phone Right Now

Scammers often use multiple methods to contact potential victims, including both robocalls and illegal text messages. Evidence from one can help support a case involving the other.

Open your messages and search the word STOP.

Did you ever text "STOP" to a number, only to have them contact you again? Or did you receive marketing texts you never signed up for? These are also potential TCPA violations. Collect screenshots of any illegal texts and unwanted robocall logs. This evidence is exactly what you need to determine if you have a claim. Once you have screenshots, you can submit them for a free, no-obligation review.

Submit screenshots at SpamClaims.com

Frequently Asked Questions

Can I really sue for an IRS scam robocall?

Yes, you absolutely can. The lawsuit is not filed against the actual IRS, which did not make the call, but against the scammer or the company that provided the robocalling platform. The TCPA gives you a private right of action to sue any entity that calls your cell phone using a prerecorded or artificial voice without your prior express written consent. While the scammers themselves can be difficult to locate, legal action can sometimes be taken against the voice-over-IP (VoIP) providers and dialing platforms that knowingly facilitate these illegal campaigns. You may be entitled to $500 to $1,500 per call.

What is the penalty for a fake IRS call?

The primary consumer-facing penalty for a fake IRS call comes from the TCPA. It allows you to claim $500 per illegal call, which can be increased to $1,500 if the violation is found to be willful or knowing. This is the civil remedy available to you, the person who received the call. Separately, the individuals running the scam operation can face severe criminal penalties if they are caught by federal law enforcement, including fines and imprisonment for fraud and impersonating a federal agent. The TCPA, however, focuses on providing direct financial relief to victims of the unwanted calls themselves.

Will the IRS really call you?

No, the IRS will almost never initiate contact with a taxpayer via a phone call. The agency's official policy is to start most communications through U.S. Mail. An unexpected phone call from someone claiming to be an IRS agent and demanding immediate payment with a gift card or wire transfer is a guaranteed scam. The IRS will not threaten to have you arrested, demand a credit card number over the phone, or call you about a surprise refund. If you have any doubts, hang up and call the IRS directly using a publicly listed number, not one provided by the caller.

How do I stop getting IRS scam calls?

First, do not engage. Never press any buttons, and do not speak to the person on the other end. Simply hang up. Second, block the number that called you, though be aware that scammers frequently change their numbers. You should also report the incident to the Treasury Inspector General for Tax Administration (TIGTA) and the Federal Trade Commission (FTC). While these steps help, one of the most effective ways to create a disincentive for this behavior is to take legal action. Documenting the calls and pursuing a TCPA claim makes these scams less profitable for the perpetrators.

TLDR

Submit your spam screenshots for attorney review

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