TCPA Attorney Coral Gables — Robocall & Spam Text Lawyer | Vindex Privatus
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What Is the Telephone Consumer Protection Act?

The Telephone Consumer Protection Act is a federal law enacted in 1991 that restricts telemarketing calls, autodialed calls, prerecorded voice messages, text messages, and unsolicited faxes. It was designed to protect consumers from the growing invasion of unwanted automated communications.

Under the TCPA, companies cannot use an automatic telephone dialing system (ATDS) or prerecorded voice to call your cell phone without your prior express consent. For telemarketing calls, that consent must be in writing. The law also established the National Do Not Call Registry, and companies that call numbers on the registry face additional liability.

The TCPA is one of the most powerful consumer protection statutes because of its per-violation damages structure. Each illegal call or text is a separate violation worth $500 — and if the violation was willful or knowing, that amount triples to $1,500. For consumers receiving dozens or hundreds of unwanted calls, the math adds up quickly.

Common TCPA Violations

If any of these sound familiar, you may have a federal claim worth pursuing.

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Robocalls Without Consent

Automated or prerecorded calls to your cell phone without prior express consent. This includes debt collection calls made using automated systems.

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Autodialed Calls to Cell Phones

Calls made using equipment that has the capacity to store or produce telephone numbers using a random or sequential number generator and dial such numbers.

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Prerecorded Voice Messages

Leaving prerecorded or artificial voice messages on your cell phone or home phone without consent. Each message is a separate violation.

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Unsolicited Text Messages

Text messages sent using automated technology without your prior express written consent. Courts treat each text as a separate call under the TCPA.

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Do Not Call Violations

Calling consumers who are registered on the National Do Not Call Registry, or who have requested to be placed on the company's internal do-not-call list.

Calls After Revocation of Consent

Continuing to call or text after you've revoked your consent. You can revoke consent at any time, by any reasonable means.

What Can You Recover?

The TCPA provides per-violation damages regardless of whether you suffered actual monetary loss.

$500
Per Violation
Each illegal call or text is a separate violation. Ten calls = $5,000. One hundred texts = $50,000.
$1,500
Willful Violations
If the caller knew or should have known they were violating the TCPA, damages triple to $1,500 per violation.
No Cap
Total Recovery
There is no statutory cap on total TCPA damages. Large-scale robocall campaigns can result in massive recoveries.
$0 to You
Attorney's Fees
We advance all costs and recover fees from the defendant. You never pay out of pocket.

How We Handle Your TCPA Case

01

Free Case Review

We review your call logs, text messages, and voicemails to identify the caller, the technology used, and the number of violations.

02

Caller Identification

We trace unknown numbers, subpoena carrier records, and identify the company behind the calls using TCPA-specific investigative techniques.

03

Demand & Litigation

We send a demand or file suit in federal court. TCPA defendants face significant per-violation exposure, which drives settlements.

04

Resolution & Recovery

You recover damages for every illegal call and text. The calls stop. We get paid by the defendant.

TCPA FAQ

The TCPA has a 4-year statute of limitations. This is more generous than most consumer statutes, but you should still act promptly. Call logs and carrier records become harder to obtain over time, and the caller may become harder to identify.
After the Supreme Court's 2021 decision in Facebook, Inc. v. Duguid, an ATDS must have the capacity to use a random or sequential number generator to store or produce numbers and then dial them. This narrowed the TCPA's reach somewhat, but many robocall systems still qualify. Predictive dialers and systems that generate numbers randomly remain covered.
You can revoke consent at any time, through any reasonable means — telling the caller to stop, sending a text saying "STOP," or writing a letter. Once revoked, every subsequent call or text is a new TCPA violation worth $500-$1,500.
Yes. Courts have consistently held that text messages are "calls" under the TCPA. Each unsolicited text sent using automated technology is a separate violation. This includes marketing texts, debt collection texts, and other automated messages.
$0. We take TCPA cases on contingency and recover attorney's fees from the defendant. You pay nothing — not for the consultation, not for the investigation, not for the litigation.

Think You Have a TCPA Case?

Every illegal call and text has a price tag. If your phone won't stop ringing with calls you never asked for, federal law puts money in your pocket.

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