Why These Claims Are Worth Bringing
The Telephone Consumer Protection Act provides statutory damages of 500 dollars per violating call or text, trebled to 1,500 where the violation was wilful or knowing. No proof of financial loss is required.
Because campaigns typically involve repeated contact, a pattern of unlawful calls can produce a meaningful claim from a single consumer, which is unusual in consumer protection law and is why this area is actively litigated.
Damages are per call, not per campaign
Each violating call or text is a separate violation carrying its own statutory damages. A caller that contacted you twenty times after being told to stop has potentially committed twenty wilful violations, which is what makes documenting each contact worthwhile.
What the Statute Requires
Automated or prerecorded calls to a mobile number generally require prior express consent. Where the call markets goods or services, the higher standard of prior express written consent applies, meaning a signed agreement identifying the seller and disclosing that consent is not a condition of purchase.
Consent is revocable by any reasonable means, and continuing to call after revocation is a violation regardless of what was originally agreed.
The national Do Not Call registry separately restricts telemarketing to registered numbers, with limited exceptions including an established business relationship, and provides its own private right of action.
How to Document Calls
Keep a log of every call and text with date, time, the number displayed and what was said or sent. Screenshots of texts and call logs are straightforward evidence and are what a claim is built from.
Revoke consent clearly and in a way you can prove, ideally in writing or by a documented reply, and note the date. Calls after that point are the strongest part of most claims.
Never engage with an unsolicited caller to confirm details
Pressing a key to be removed, or confirming your name, signals an active number and typically increases calls. It also risks voice recording used for fraud. Do not engage, log the call, and revoke consent through a documented channel instead.
Before You Act
Thinking About Filing a Claim?
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Robocall Lawsuits: TCPA Claims, Consent Rules and Per-Call Damages: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
What damages does the TCPA provide?
500 dollars per violating call or text, trebled to 1,500 where the violation was wilful or knowing, with no proof of financial loss required.
What consent is required?
Automated or prerecorded calls to a mobile generally require prior express consent, and marketing calls require prior express written consent identifying the seller.
Can I withdraw consent?
Yes, by any reasonable means. Continuing to call after revocation is a violation regardless of what was originally agreed.
What is the Do Not Call registry?
A national registry restricting telemarketing to listed numbers with limited exceptions, carrying its own private right of action.
How should I document calls?
Log each call and text with date, time and number, keep screenshots, and revoke consent in a provable way while noting the date.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.