Unsolicited robocalls and telemarketing text messages are more than an annoyance—they are frequently illegal. The Telephone Consumer Protection Act (TCPA) restricts automated phone calls, artificial voice messages, and text messages sent without prior express consent.
Understanding the Protections of the TCPA
Passed by Congress in 1991, the TCPA protects consumers from intrusive telemarketing practices. The law prohibits companies from using automated telephone dialing systems (ATDS) or prerecorded voice messages to call cell phones unless you have given explicit consent to be contacted.
What Constitutes a TCPA Violation
Common violations include automated marketing calls to your mobile number, telemarketing texts sent via autodialers, calls made to numbers listed on the National Do Not Call Registry, and calls continuing after you explicitly opt out or request to be stopped.
Financial Remedies for Spam Calls and Texts
The TCPA provides significant statutory damages to consumers. You may be entitled to recover between $500 and $1,500 per illegal call or text message. Because damages accrue per violation, statutory awards can quickly become substantial if a company repeatedly targets your phone.
Steps to Document Spam Communications
To build a strong TCPA claim, preserve every call log, text message screenshot, and voicemail. Note the phone number, date, time, and company name if identified. If you requested the caller to stop, keep a record of your opt-out request.
Horowitz Law PLLC represents consumers nationwide against aggressive telemarketers and illegal robocallers. Contact us to evaluate your TCPA claim.