📞 TCPA Robocall/Robotext Overview

If you are receiving unwanted robocalls, robotexts, or prerecorded telemarketing messages, you may be entitled to significant monetary damages under federal and California law. The Telephone Consumer Protection Act (TCPA) provides strong protections and substantial penalties for violations.

When to Use This Guide

This guide is for California consumers who have received:

📱 Automated Calls

Calls made using an automatic telephone dialing system (ATDS) or robocall technology

💬 Automated Texts

Text messages sent using autodialing equipment or mass texting platforms

🎤 Prerecorded Messages

Calls with prerecorded or artificial voice messages without your consent

🚫 Do Not Call Violations

Telemarketing calls to your number on the National Do Not Call Registry

💰 Why TCPA Claims Are Valuable

TCPA violations carry statutory damages of $500 per violation, which can be trebled to $1,500 for willful violations. Each call or text is a separate violation. If you received 50 unwanted robotexts, that could mean $25,000 to $75,000 in damages - even without proving any actual harm.

Common TCPA Violators

💲 Debt Collectors

Collection agencies using autodialers to contact cell phones

🏢 Telemarketers

Companies making unsolicited sales calls without consent

🏧 Political Campaigns

Robocalls and texts from campaigns (some exemptions apply)

💉 Healthcare/Insurance

Medicare, insurance, and health-related robocall scams

✅ What Qualifies as a TCPA Violation

Not every unwanted call is a TCPA violation. Here is what you need to establish a claim.

Key Elements of a TCPA Claim

📱 Automatic Telephone Dialing System (ATDS)

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The caller used equipment that has the capacity to store or produce telephone numbers using a random or sequential number generator and dial such numbers. After the 2021 Supreme Court decision in Facebook v. Duguid, the ATDS definition is narrower, but many robocallers still violate this provision.

Signs of ATDS use:

  • Short delay before a live person speaks
  • Click or pause when you answer
  • Identical messages received by multiple people
  • Caller does not know your name or details

🎤 Prerecorded or Artificial Voice

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Calls that play a prerecorded message rather than connecting you to a live person are covered, even if the caller does not use an ATDS. This includes:

  • Automated voicemail drops
  • Prerecorded sales pitches
  • AI-generated voice messages
  • Ringless voicemails

🚫 Lack of Consent

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The TCPA requires consent before calling or texting. The type of consent required depends on the call:

  • Telemarketing calls: Require prior express WRITTEN consent
  • Non-marketing calls: Require prior express consent (oral is sufficient)
  • Emergency calls: No consent required

Key point: Consent can be revoked at any time. If you told them to stop and they continued, each subsequent call is a violation.

📲 Cell Phone Requirement

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For ATDS/prerecorded message claims under 227(b), the call must be to a cell phone or other device where the recipient is charged for the call. Landline rules are different and less protective.

However, Do Not Call Registry violations apply to both cell phones and landlines.

Types of Violations

Violation Type Requirement Damages
ATDS to Cell Phone No prior express consent $500-$1,500 per call/text
Prerecorded Message No prior express consent $500-$1,500 per call
Telemarketing Robocall No prior express written consent $500-$1,500 per call
Do Not Call Violation Number on DNC Registry 31+ days $500-$1,500 per call
Continued After Opt-Out You requested stop, they continued $500-$1,500 per call/text

⚠ Exemptions to Be Aware Of

  • Emergency calls: Genuine emergency notifications are exempt
  • Debt you owe: Calls about debt you actually owe may have implied consent (disputed)
  • Tax-exempt nonprofits: Some exemptions for charitable calls
  • Healthcare: Certain healthcare-related calls have exemptions with conditions

These exemptions are narrow and frequently violated. Consult an attorney if the caller claims an exemption.

📋 Evidence to Gather

Strong evidence is critical to a successful TCPA claim. Start documenting everything immediately.

Essential Evidence Checklist

📞 Call/Text Records

  • ✓ Phone bill showing incoming calls/texts with dates and times
  • ✓ Screenshots of call log from your phone
  • ✓ Caller ID information showing number and name
  • ✓ Total count of calls/texts received

💬 Message Content

  • ✓ Screenshots of all text messages received
  • ✓ Voicemail recordings (save to cloud storage)
  • ✓ Transcripts of prerecorded messages
  • ✓ Company name mentioned in messages

🚫 Consent/Revocation Proof

  • ✓ Proof you never gave consent (no business relationship)
  • ✓ Copies of any opt-out requests you sent
  • ✓ Screenshots showing you replied "STOP"
  • ✓ DNC Registry confirmation (donotcall.gov)

🔍 Caller Identification

  • ✓ Company name from caller or message
  • ✓ Website or callback number provided
  • ✓ Reverse phone lookup results
  • ✓ Notes from any conversations with caller

💡 Pro Tips for Evidence Preservation

  • Do not delete messages: Keep every text and voicemail until your case is resolved
  • Create backups: Save screenshots and recordings to cloud storage
  • Log everything: Keep a written log with date, time, caller info, and summary of each contact
  • Request phone records: Get detailed call records from your carrier
  • Check DNC status: Verify your number at donotcall.gov and print confirmation

Identifying the Caller

Many robocallers use spoofed numbers, making identification challenging. Here is how to find them:

  • Listen to the full message: They often identify themselves at the end
  • Press 1 to speak with someone: Ask for company name and address (record the call if legal in your state)
  • Check callback numbers: Research any numbers they provide
  • Search online: Search the calling number - others may have reported it
  • File FCC complaint: The FCC may be able to identify repeat offenders

💰 Damages Calculator

Calculate your potential recovery based on the number of violations and type of conduct.

📊 Sample Damages Calculation

Example: 25 robotexts over 3 months, continued after opt-out request

Number of violations (texts/calls) 25
Statutory damages per violation $500
Base statutory damages (25 x $500) $12,500
Willful violation treble multiplier 3x
POTENTIAL MAXIMUM RECOVERY $37,500

Damages Breakdown

Damage Type Amount When Available
Statutory Damages $500 per violation Every TCPA violation
Treble Damages Up to $1,500 per violation Willful or knowing violations
Actual Damages Varies If greater than statutory (rare)
Injunctive Relief Court order to stop Available in addition to damages
Attorney Fees Reasonable fees Not automatic under TCPA, but often recoverable under state law

💰 When Treble Damages Apply

Courts award treble damages ($1,500 per violation) when the defendant willfully or knowingly violated the TCPA. Evidence of willfulness includes:

  • Continuing to call after you requested to stop
  • Ignoring opt-out requests
  • Using deceptive practices to obtain numbers
  • Previous TCPA violations or FCC citations
  • Failure to maintain internal do-not-call list

Interactive TCPA Damages Calculator

📲 Calculate Your TCPA Damages

Enter the details of your robocall/robotext violations to estimate your potential recovery.

Each call or text is a separate violation

📄 Sample Demand Letter Language

Copy and customize these paragraphs for your TCPA demand letter. Replace all highlighted placeholders with your specific information.

Opening - Robocall Violation

Opening Paragraph - ATDS Calls
I am writing to demand compensation for your company's repeated violations of the Telephone Consumer Protection Act, 47 U.S.C. Section 227. Between [START DATE] and [END DATE], I received [NUMBER] unwanted telephone calls from [PHONE NUMBER] to my cellular telephone at [YOUR NUMBER]. These calls were made using an automatic telephone dialing system and/or prerecorded voice messages without my prior express consent, in direct violation of 47 U.S.C. 227(b)(1)(A)(iii).

Opening - Robotext Violation

Opening Paragraph - Automated Texts
I am writing to demand compensation for your company's repeated violations of the Telephone Consumer Protection Act, 47 U.S.C. Section 227. Between [START DATE] and [END DATE], I received [NUMBER] unsolicited text messages from [PHONE NUMBER/SHORT CODE] to my cellular telephone at [YOUR NUMBER]. These text messages were sent using automated equipment without my prior express consent, and in some cases continued after I expressly revoked any consent by replying "STOP" on [DATE].

Legal Basis Paragraph

TCPA Legal Citations
Under 47 U.S.C. Section 227(b)(3), I am entitled to recover statutory damages of $500 for each violation of the TCPA. Because your violations were willful and knowing - as evidenced by your continued contact after I requested that you stop - I am entitled to treble damages of up to $1,500 per violation under 47 U.S.C. Section 227(b)(3)(C). Based on [NUMBER] violations at $1,500 each, my damages total [$AMOUNT]. Additionally, your conduct violates California Business & Professions Code Section 17538.41 and constitutes unfair business practices under B&P Code 17200.

Do Not Call Registry Violation

DNC Registry Claim
In addition to the above violations, my telephone number [YOUR NUMBER] has been registered on the National Do Not Call Registry since [REGISTRATION DATE]. Under 47 U.S.C. Section 227(c) and 47 C.F.R. Section 64.1200(c), it is unlawful to make telephone solicitations to numbers on the registry. Your telemarketing calls violate these provisions, entitling me to additional statutory damages of $500 to $1,500 per call.

Demand and Deadline

Settlement Demand
DEMAND IS HEREBY MADE for payment of [$AMOUNT] in full settlement of my TCPA claims. This demand represents a significant discount from my maximum potential recovery and is made in the interest of avoiding litigation. Payment must be received no later than [DEADLINE DATE - typically 14-21 days]. Payment should be made payable to "[YOUR NAME]" and mailed to [YOUR ADDRESS].

Consequences Paragraph

Litigation Warning
If I do not receive payment by [DEADLINE DATE], I will pursue all available legal remedies without further notice. This will include filing a lawsuit in federal court or California state court seeking the full statutory damages of $1,500 per violation, injunctive relief, and any attorney fees and costs recoverable under applicable law. You should be aware that TCPA class actions have resulted in multi-million dollar verdicts, and individual claims are routinely successful. I strongly encourage you to resolve this matter promptly.

📝 Need a Complete, Customized Letter?

I draft professional TCPA demand letters for a flat fee of $450. Each letter is customized to your specific situation, includes proper federal and state citations, and is designed to maximize your settlement leverage. Contact me or book a consultation.

🚀 When to Escalate to Lawsuit

If your demand letter does not result in a satisfactory resolution, you have several options for pursuing your TCPA claims in court.

Escalation Triggers

🚫 No Response

Defendant ignores your demand letter entirely

🔴 Lowball Offer

Settlement offer is unreasonably low given the violations

🚫 Denial

Defendant denies responsibility despite clear evidence

🔄 Continued Calls

Violations continue even after your demand letter

Court Options

⚖ Small Claims Court (Up to $12,500)

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For cases with 8-25 violations, California Small Claims Court may be ideal:

  • Low filing fees ($75-$100)
  • No attorney required (or allowed)
  • Fast resolution (30-70 days)
  • Simplified procedures

Limit: $12,500, so you would need to waive excess damages. Best for straightforward cases where you want quick resolution.

⚖ California Superior Court

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For larger claims, you can file in California state court under supplemental state law theories:

  • No damages cap
  • Can combine TCPA with state UCL/CLRA claims
  • May recover attorney fees under state law
  • More complex procedures

Recommended if your damages exceed $12,500 or you want to pursue additional state law claims.

⚖ Federal Court

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TCPA provides a private right of action that can be pursued in federal court:

  • Federal judges experienced with TCPA
  • Complete discovery available
  • Consistent TCPA jurisprudence
  • Higher costs and complexity

Best for significant claims or when you have an attorney. Many TCPA attorneys work on contingency.

👥 Class Action

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If the robocaller targeted many people, a class action may be possible:

  • Aggregates claims of many victims
  • Increases leverage against defendant
  • Attorneys handle all work on contingency
  • Individual recovery may be smaller

Contact a TCPA class action attorney if you believe the caller has many victims.

FCC and State AG Complaints

In addition to private lawsuits, you can file complaints with regulatory agencies:

  • FCC: File at consumercomplaints.fcc.gov - the FCC can fine violators and identify serial offenders
  • FTC: Report at reportfraud.ftc.gov - helps build cases against scammers
  • California Attorney General: File at oag.ca.gov/contact/consumer-complaint-against-business-or-company

⚠ Before Filing Suit

  • Identify the caller: You need a defendant to sue - anonymous robocallers are hard to pursue
  • Verify their assets: Fly-by-night operations may be judgment-proof
  • Check arbitration clauses: If you had a prior relationship, check for mandatory arbitration
  • Calculate statute of limitations: Ensure you file within 4 years of each violation

Ready to Fight Back?

I help California consumers pursue TCPA claims. Initial consultations are free, and many cases can be handled on contingency.

Schedule Consultation

❓ Frequently Asked Questions

How much can I recover for illegal robocalls? ▼

Under the TCPA, you can recover $500 per violation (each call or text). If the violation was willful or knowing, courts can award treble damages up to $1,500 per violation. For example, 20 unwanted robotexts could result in $10,000 to $30,000 in damages.

Do I need to prove I was harmed by the calls? ▼

No. The TCPA provides statutory damages, meaning you are entitled to $500-$1,500 per violation regardless of whether you can prove actual harm. The violation itself is the harm. You do not need to show lost money, emotional distress, or any other injury.

What if I answered a call and spoke to someone? ▼

Speaking to someone does not mean you consented to future calls. If the initial call was made using an ATDS without your consent, it is still a violation. And any subsequent calls after you asked them to stop are additional violations. Always tell callers to stop and document your request.

What if the caller used a spoofed number? ▼

Caller ID spoofing makes it harder to identify the caller but does not eliminate your claim. Listen to messages for company names, check any websites or callback numbers mentioned, and search the spoofed number online - others may have identified the caller. An attorney or investigator can sometimes trace spoofed calls.

Can I sue for political robocalls? ▼

Political calls have some exemptions, but many still violate the TCPA. Prerecorded political calls to cell phones generally require consent. Automated texts from campaigns require consent. Live calls from campaigns are more protected. If you received automated political calls or texts to your cell phone without consent, you may have a claim.

What is the deadline to file a TCPA lawsuit? ▼

The federal TCPA has a 4-year statute of limitations. This means you must file suit within 4 years of each violation. Since each call/text is a separate violation with its own deadline, do not delay - the oldest violations may become time-barred while you wait.

Do I need a lawyer for a TCPA case? ▼

For small claims court (up to $12,500 in California), you can represent yourself. For larger claims or federal court cases, an attorney is highly recommended. Many TCPA attorneys work on contingency, meaning you pay nothing unless you win. The complexity of TCPA law makes professional help valuable.

What if I gave consent but later revoked it? ▼

You have an absolute right to revoke consent at any time, by any reasonable means. Once you tell them to stop (verbally, by text reply, or in writing), any subsequent calls or texts are violations. Document your revocation and keep evidence of continued contact. Calls after revocation often qualify for treble damages as willful violations.

👥 When to Hire a TCPA Attorney

TCPA cases range from isolated nuisance calls to systematic harassment campaigns. Here's when you can handle it yourself versus when professional help is worthwhile.

Handle It Yourself When:

✓ Few Calls

Just a handful of calls (1-5) with damages under $2,500 - small claims court is designed for this

✓ Identifiable Caller

You know exactly who's calling and have their contact information for service

✓ Clear Evidence

You have call logs, voicemails, or recordings proving the violations

✓ Local Business

Caller is a local business you can easily serve and sue in small claims court

Hire an Attorney When:

⚠ High Call Volume

Dozens or hundreds of calls - damages add up quickly and justify attorney involvement

⚠ Anonymous/Spoofed Callers

Caller ID is spoofed - attorneys have tools to identify real callers through subpoenas

⚠ National Company

Large corporation with lawyers - you need professional representation for a fair fight

⚠ Pattern Violator

Company has multiple FCC complaints or lawsuits - class action potential

⚠ Willful Violations

Calls continued after you revoked consent - treble damages ($1,500/call) available

Benefits of Attorney Representation

  • Caller Identification: Attorneys can subpoena phone company records to identify spoofers
  • Federal Court: TCPA allows federal court jurisdiction - attorneys navigate complex procedures
  • Treble Damages: Attorneys know how to prove willfulness for $1,500/call damages
  • Contingency Fees: Most TCPA attorneys work on contingency - no upfront cost to you
  • Class Actions: When companies engage in mass violations, class treatment maximizes recovery

Not Sure If You Need an Attorney?

Take our quick assessment to get a personalized recommendation for your TCPA situation.

Take Free Assessment

💡 Contingency Representation

TCPA attorneys typically work on contingency. If you're receiving illegal robocalls, there's no reason not to at least explore your legal options.

Stop the Robocalls and Get Paid

You do not have to tolerate illegal robocalls. I help California consumers fight back against violators and recover the statutory damages you deserve.

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Or email me directly: owner@terms.law