TCPA Robocall & Text Spam Demand Letters

$500-$1,500 per illegal call or text — and companies pay to avoid litigation

California State Bar #279869

What the TCPA Gives You

The Telephone Consumer Protection Act (47 U.S.C. §227) makes it illegal to send unsolicited robocalls, autodialed calls, or marketing text messages without prior express written consent. Each violation carries statutory damages — no need to prove actual harm.

$500

Per negligent violation

$1,500

Per willful violation (treble)

No cap

On total damages

Common TCPA Violation Scenarios

Violation Type	Example	Typical Exposure
Unsolicited marketing texts	Company texts you promotions you never signed up for	$500-1,500 × number of texts
Robocalls to cell phones	Prerecorded messages to your mobile without consent	$500-1,500 × number of calls
Autodialed calls after opt-out	You said "stop" but they kept calling	$1,500/call (willful after opt-out)
Texts after unsubscribe	Replied STOP but texts continued	$1,500/text (willful)
Do Not Call violations	Telemarketing calls to registered DNC number	$500/call + state law penalties

Dual-Claimant Strategy

When two or more people receive illegal communications from the same company, I file coordinated demands. Each person has independent claims, but the combined exposure creates dramatically more settlement pressure.

How this works in practice: Two business associates both received unsolicited marketing texts from the same home services company — neither had consented. I sent a joint demand citing both sets of violations. Combined statutory exposure exceeded $25,000. The company's insurance counsel engaged within 10 days and settled at a figure that materially exceeded what a single-claimant demand would yield. My fee for the second claimant was discounted — the marginal work is minimal since the legal research and sender analysis are already done.

My TCPA Demand Process

Evidence preservation: Screenshots of texts, call logs, voicemails — I advise exactly what to save
Sender identification: Determine the actual responsible party (often different from the number that contacted you)
Violation count: Each text or call is a separate violation — I calculate total statutory exposure
Demand letter: Cite specific TCPA sections, violation count, and damages calculation
Settlement negotiation: Most companies prefer to settle rather than face litigation
Escalation if needed: Small claims (up to $12,500 CA), federal court, or FCC complaint

Typical Outcomes

$2K-5K

Single claimant, few violations

$5K-15K

Multiple violations, willful

$15K-50K+

Dual claimant + litigation history

Leverage factor: Defendants who know you've filed before settle at 2-3× the rate of first-time demands. I reference prior filings and outcomes (anonymized) in my demand letters.

Pricing

$575

TCPA demand letter

Single claimant

+$375

Additional claimant

Same sender, coordinated demand

$240/hr

Settlement negotiation

Or 25% contingency

$1,250

Small claims filing setup

+ court fees (~$75-$435)

Getting Spam Texts or Robocalls?

Every text and call without your consent is worth $500-$1,500. Let me calculate your claim.

Email owner@terms.law