Understanding Your Rights Against Robocallers
The TCPA provides powerful remedies against unwanted automated calls and texts. Each illegal robocall carries statutory damages of $500, trebled to $1,500 for willful violations — no proof of actual harm required.
Your Legal Right
What the TCPA Protects Against
The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 that gives consumers powerful protections against unwanted telemarketing calls, prerecorded messages, and automated text messages. The statute covers calls using automated telephone dialing systems (ATDS), prerecorded or artificial voice messages, and violations of the National Do Not Call Registry.
In a landmark 2014 ruling, the FCC determined that text messages constitute "calls" under the TCPA. This means every illegal text you receive—whether from a debt collector, telemarketer, or scammer—is a separate TCPA violation. Additionally, the FCC confirmed in February 2024 that AI-generated voice calls qualify as "artificial voices" under the statute, opening the door to enforcement against robocallers using deepfakes and voice cloning technology.
The Supreme Court's 2021 decision in Facebook v. Duguid narrowed the definition of "autodialer" to require that equipment have the capacity to generate telephone numbers using a random or sequential number generator. However, this ruling did not weaken the separate prohibition on prerecorded and artificial voice messages, which remain fully protected regardless of how the call is placed.
The bottom line: if you receive an unwanted automated call, prerecorded message, AI-generated voice call, or text message without prior express consent, you have a right to sue and recover $500 per violation—trebled to $1,500 for knowing or willful violations.
Key Statute Insight
The TCPA is a strict liability statute. You do not need to prove that the caller knew they were violating the law or that you suffered actual damages. Each call or text is a separate violation carrying $500 in statutory damages—the amount is the same whether you received one call or one hundred.
Common TCPA Violations
Understand what qualifies as an illegal robocall or text
Autodialed Calls Without Consent
Calls to cell phones using ATDS require prior express consent. Telemarketing calls require prior express written consent with a consumer's signature. Most debt collection and telemarketing calls are illegal because they lack documented consent.
Prerecorded or AI Voice Messages
Calls using prerecorded, artificial, or AI-generated voices without consent violate the TCPA. The FCC confirmed in February 2024 that AI voices qualify as "artificial." AI-cloned voice calls are now subject to full TCPA enforcement and FCC penalties.
Do Not Call Violations
After receiving 2 or more telemarketing calls within 12 months while registered on the National Do Not Call Registry (donotcall.gov), consumers can sue under § 227(c)(5). Registration is free, permanent, and covers both landlines and cell phones.
Consent Revocation Ignored
Consumers can revoke consent "in any reasonable manner." Replying "STOP," "QUIT," "END," "OPT OUT," "CANCEL," or "UNSUBSCRIBE" to a text is per se reasonable. Businesses must honor revocation within 10 business days. Continuing to call after revocation is a separate violation.
$500–$1,500 Per Violation
Each illegal call or text is a separate violation carrying $500 in statutory damages, trebled to $1,500 for knowing or willful violations. Strict liability—no proof of injury required. Ten illegal calls could mean $5,000–$15,000 in damages.
Florida's FTSA Adds More Protection
Florida Telephone Solicitation Act (§ 501.059) provides $500 per violation, trebled for willful conduct, AND attorney's fees—a remedy federal TCPA lacks. Florida consumers can stack federal and state claims for enhanced recovery.
Taking Action
A four-step path to protecting yourself and building your case
Register on Do Not Call
Register at donotcall.gov or call 1-888-382-1222. Registration is free and permanent. Over 258 million active registrations nationwide. Telemarketers must scrub their lists every 31 days. Each call after registration is a violation.
Document Everything
Save detailed phone call logs with dates, times, and caller ID. Screenshot all texts. Preserve voicemails. Write down call content immediately. Apps like Nomorobo, Hiya, and RoboKiller automatically log calls and help identify spam. Documentation is essential for proving damages.
File Complaints
Report to the FCC (fcc.gov) and FTC (ReportFraud.ftc.gov). Florida is a two-party consent state (Fla. Stat. § 934.03)—you cannot secretly record calls. Announce recording and get consent. Focus instead on call logs, screenshots, and voicemails.
Take Legal Action
The 4-year statute of limitations (28 U.S.C. § 1658(a)) gives you time to build your case. Both state and federal courts have jurisdiction. Contact us for a free case evaluation. We handle TCPA cases at zero cost to you—the violator pays our fees.
Statute of Limitations
You have 4 years from the date of the illegal call or text to file suit under the TCPA (28 U.S.C. § 1658(a)). This generous timeline means even if robocalls started months or years ago, you may still have a viable claim.
Frequently Asked Questions
After the Supreme Court's 2021 ruling in Facebook v. Duguid, equipment must have the capacity to store or produce telephone numbers using a random or sequential number generator to qualify as an ATDS. Simply storing and dialing from a list is not enough under the narrow 2021 interpretation.
However, the separate prohibition on prerecorded and artificial voice messages remains fully intact and does not require an ATDS. Many robocallers violate the TCPA through prerecorded messages alone, regardless of how the call is placed. Additionally, the FCC's February 2024 ruling confirms that AI-generated voices trigger full TCPA liability.
No. Florida is a two-party consent state under Florida Statute § 934.03. Recording a phone call without all parties' consent is a third-degree felony. To legally record, you must announce at the beginning of the call that you are recording and obtain the caller's consent in advance.
Instead of recording, focus on documenting calls through other means: detailed call logs with dates/times, voicemail preservation, text message screenshots, and caller ID information. These are admissible in court and won't expose you to criminal liability.
Yes. On February 8, 2024, the FCC confirmed that AI-generated voices qualify as "artificial" voices under the TCPA. The first major FCC enforcement action resulted in a $6 million fine against a political consultant who used AI-cloned voice calls before the 2024 New Hampshire primary.
This ruling means deepfakes, voice cloning, and any AI-generated voice call without prior express consent violates the TCPA and subjects the caller to $500–$1,500 in statutory damages per call. The technology does not shield the violator from liability.
Each illegal call or text carries $500 in statutory damages, trebled to $1,500 for knowing or willful violations. This amount is fixed—you don't need to prove that you suffered actual damages.
Example: 10 illegal robocalls = $5,000–$15,000 in damages. 50 calls = $25,000–$75,000. Additionally, Florida's Telephone Solicitation Act (§ 501.059) adds attorney's fees as a separate remedy, making the total recovery even higher. Under federal TCPA, the prevailing plaintiff can also recover reasonable attorney's fees under 15 U.S.C. § 1692k.
Drowning in Robocalls?
If you're receiving illegal automated calls or texts, you may be entitled to $500–$1,500 per violation. We pursue these cases at zero cost to you — the violator pays our fees.