robocalls · 6 min read

How to File a Robocall Lawsuit and Get Paid for Illegal Calls

A robocall lawsuit is a legal action consumers can take to recover money from companies that send them illegal automated calls and text messages. Under a federal law called the Telephone Consumer Protection Act (TCPA), you could be entitled to $500 for every single illegal call or text you receive. If a court finds the company knowingly and willfully broke the law, that amount can triple to $1,500 per violation. The TCPA was specifically designed to protect your privacy from the intrusive marketing tactics of companies using autodialers and prerecorded messages without your permission. Filing a TCPA lawsuit is a powerful way to hold these companies accountable and get compensation for the harassment. This article explains how the law works, what evidence you need, and how you can take action.

What Does the TCPA Say About Robocalls?

The Telephone Consumer Protection Act (TCPA) is the primary federal law regulating telemarketing and automated calls. Its rules are quite clear, especially when it comes to contacting your cell phone. For most marketing-related calls or texts sent to a wireless number using an autodialer or a prerecorded voice, the sender must have your “prior express written consent.” This means you must have actively and clearly agreed, in writing, to receive these specific types of communications from that company. A previous business relationship is not enough to grant consent for marketing robocalls.

This consent requirement is the foundation of many a successful TCPA lawsuit. Companies that ignore this rule and blast consumers with unsolicited marketing messages are breaking the law. The regulations are strict because automated dialing technology allows companies to contact millions of people cheaply and relentlessly, infringing on their privacy. More importantly, understanding the robocall to cell phone law is the first step in recognizing when your rights have been violated. This article is for informational purposes only and does not create an attorney-client relationship.

What Qualifies as an Illegal Robocall?

Several different scenarios can make a robocall or automated text illegal and give you grounds for a robocall lawsuit. The most common violation is a telemarketer sending you prerecorded messages or using an autodialer to call your cell phone without getting your prior express written consent. If you never signed a form or checked a box on a website specifically agreeing to get automated marketing calls from a company, those calls are likely illegal. Another clear violation occurs when a company continues to contact you after you have revoked consent. Verbally telling a live agent to “stop calling me” or replying “STOP” to a text message is a legally binding instruction that must be honored.

Furthermore, calls made to any number listed on the National Do Not Call Registry for more than 31 days can also be illegal, with some exceptions for political calls, charitable organizations, and companies with whom you have an existing business relationship. However, even with an existing relationship, you can still revoke consent at any time. Any call or text sent after you’ve told them to stop is a new violation. Each of these illegal contacts represents a potential claim for statutory damages.

How Much Money Can You Get from a Robocall Lawsuit?

When you pursue a claim for illegal robocalls, you are seeking what the law calls “statutory damages.” The TCPA sets specific financial penalties for companies that break the rules, providing powerful motivation for them to comply. For each call or text that violates the TCPA, you may be entitled to recover $500 in illegal robocalls compensation. The law goes a step further for egregious violators. If you can prove that the company sent the illegal calls or texts willfully or knowingly, the court can triple the damages to $1,500 per violation.

These amounts can add up quickly. If a company called you 20 times without your consent, you could be looking at a potential claim worth $10,000, or $30,000 if the violations were willful. While many individual claims are resolved for significant amounts, some cases become class action lawsuits where thousands of affected consumers join together. These larger cases can result in multi-million dollar payouts, which you can see in our TCPA Settlement Tracker. The potential robocall damages amount makes suing telemarketers a viable option for consumers.

Examples of Illegal Robocalls

Sometimes it is easier to understand what a violation looks like by seeing it in practice. These calls and texts are often generic and unsolicited, relying on volume to find a few interested people. Here are a few realistic examples of messages that could be grounds for a robocall lawsuit if sent without your consent.

"Hello, this is an important message from ABC Solar regarding new government incentives in your area. Homeowners can now get a complete solar panel installation at no upfront cost. Press 1 now to speak with a solar energy specialist and see if you qualify."

This prerecorded message sent to your cell phone is a classic example of a potential TCPA violation. Unless you specifically signed up to receive automated calls from ABC Solar, this communication is illegal.

"XYZ Lending: You've been pre-approved for a $10,000 personal loan! Funds can be in your account by tomorrow. Click here to claim your funds now: [link] Reply STOP to unsubscribe."

This text message is also a likely violation. The phrase "Reply STOP to unsubscribe" is a strong indicator that the sender knows they are sending bulk, unsolicited messages. If you never gave XYZ Lending written permission to text you marketing offers, you may be able to submit a claim for compensation.

How to Document Evidence for a Lawsuit

Strong evidence is the key to a successful robocall lawsuit. Since the burden of proof is on the consumer, you must carefully document every illegal communication. If you suspect you are receiving illegal robocalls or texts, take the following steps immediately to preserve the evidence you will need.

  1. Open your phone’s call log and messages app. Do not delete anything from the company you believe is violating the TCPA.
  2. Take clear screenshots. For calls, screenshot your call history showing the incoming number, the date, and the time of each call. For texts, screenshot the entire conversation, making sure the sender’s number or short code is visible.
  3. Save voicemails. If the robocaller left a prerecorded voicemail, save it. This is some of the best robocall recording evidence you can have, as it directly proves the use of an artificial or prerecorded voice.
  4. Note your interactions. Keep a simple log of when you received calls. If you ever spoke to an agent and told them to stop calling, write down the date and time you made that request.

Check Your Phone Right Now

Many people are sitting on evidence without even realizing it. The proof you need for a TCPA claim could be on your phone right now, waiting to be found.

Open your messages and search the word STOP.

This simple search will pull up every conversation where you were given the option to opt out, or where you actively tried to make the messages stop. Many of those texts that say “Reply STOP to unsubscribe” were likely sent illegally if you never gave that sender prior express written consent in the first place. Each one could be a violation worth $500 to $1,500.

Found some? Submit screenshots at SpamClaims.com

Frequently Asked Questions

How much does it cost to file a robocall lawsuit?

For most consumers, there is no upfront cost to file a robocall lawsuit. The majority of consumer protection attorneys who handle TCPA cases work on a contingency fee basis. This means the attorney's payment is “contingent” on them winning the case for you. If they secure a settlement or a court award, their fee is taken as a percentage of that recovery. If they do not win the case, you owe them nothing. This arrangement allows anyone to seek justice, regardless of their financial situation, removing the financial risk of suing telemarketers. You can learn more about the specifics in our guide to robocall lawsuit costs.

What is the statute of limitations for a TCPA claim?

In general, the statute of limitations for filing a TCPA lawsuit is four years. This means you have four years from the date of the illegal call or text message to file your claim in federal court. This is the federal “catch-all” statute of limitations found in 28 U.S.C. § 1658, which applies because the TCPA itself does not specify a time limit. It is critical to act within this timeframe. If you wait longer than four years after the violation occurred, you will likely lose your right to sue and recover any damages for that specific violation, no matter how strong your case is.

Can I sue for just one robocall?

Yes, you absolutely can sue for a single illegal robocall or text message. The TCPA is written on a “per violation” basis, meaning each individual illegal communication constitutes a separate violation of the law. Therefore, even one call or text sent to your cell phone with a prerecorded voice or via an autodialer without your consent is grounds for a claim of $500. While a pattern of harassment involving many calls can make for a stronger case and demonstrate a willful violation (potentially leading to $1,500 per call), a single violation is still legally actionable and worth pursuing.

What counts as an autodialer under the TCPA?

Defining an autodialer, or an Automated Telephone Dialing System (ATDS), has been a major point of legal debate. According to the TCPA statute, it is equipment with the capacity to store or produce telephone numbers to be called using a random or sequential number generator, and to dial those numbers. However, a 2021 Supreme Court decision in Facebook v. Duguid narrowed this definition, stating the equipment must use a random or sequential number generator. In practice, this means proving a system is an autodialer can be complex, but many modern dialing platforms used by telemarketers still fall under this definition. This is a technical aspect of a TCPA lawsuit that an experienced attorney will investigate.

TLDR

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