Can I Take Legal Action if I'm Receiving Pervasive Robocalls?

Robocalls are phone calls sent from systems that automatically dial your phone number to send pre-recorded messages or connect you to a live caller. They can be incredibly useful tools for businesses and organizations to quickly and efficiently deliver information to many people. But too often, they’re a nuisance.

If your phone is receiving a barrage of illegal robocalls, there are some things you can do to protect yourself. For legal assistance, reach out to a consumer lawyer.

What Is the Telephone Consumer Protection Act (TCPA)?

The Telephone Consumer Protection Act (TCPA) was enacted to combat intrusive telemarketing practices. It protects consumers from unwanted robocalls, texts, faxes, and autodialed messages. The Federal Communications Commission (FCC) and Federal Trade Commission (FTC) administer and enforce the TCPA.

Under the TCPA, companies must have prior express written consent before making telemarketing robocalls or text messages to mobile phones. Communications must be made between 8 a.m. and 9 p.m. local time. Companies must maintain an internal Do Not Contact list and check the National Do Not Call Registry. Robocallers must identify themselves and the business they represent and provide a callback number.

Protections cover several types of communications:

• Prerecorded or artificial voice messages
• Text messages
• Telemarketing calls
• Debt collector calls

The TCPA is important because it is one of the strongest tools for people to fight against unwanted robocalls and texts. It gives consumers a way to seek compensation and hold telemarketers accountable.

When Are Robocalls Illegal?

Not all robocalls are automatically illegal. The most important factors in whether a robocall is illegal include:

• Whether the caller has prior express content
• Whether the call was informational or promotional
• The type of phone line called

Illegal robocalls typically involve telemarketing calls to your cell phone without prior written consent. Scammers often use artificial or prerecorded voices without consent. Calls made to numbers on the National Do Not Call Registry violate consumer protection laws. Spoofed caller IDs intended to mislead or defraud are illegal.

Calls that would normally be allowed can become not allowed if they are made outside of permissible hours (generally 8 a.m. — 9 p.m. local time). The TCPA treats unwanted text messages similarly to robocalls. They require the same level of consent and are subject to the same penalties.

Can I Sue for Unwanted Robocalls and Texts?

Consumers can take further action by bringing a case to the courts. “You can sue [robocallers] under the Telephone Consumer Protection Act, the TCPA, which is a statute enacted in 1991 by Congress to try and combat these robocalls,” says says Todd M. Friedman, a consumer law attorney in Woodland Hills, California. “It’s $500 or $1,500 per call.”

When should you call an attorney? “They can do it the first time they get a call. Each call is actionable,” Friedman says. “It really depends on their disdain level or their tolerance level of these calls. Some consumers are a little bit more savvy; they know about the TCPA, so they’re looking to trap these people to try to, you know, make some money from the calls. Some people contact me when they’re just fed up with getting the calls.”

Once an attorney takes the scam call case, Friedman says you won’t have to do much. “So what we do is we use the information that the consumer provides us, and we confirm whether this defendant is viable or not… and then we will file a lawsuit either individually or on a class action basis. And we do it at no cost to the consumer because we seek our fees from the robocaller.”

How Much Can You Get in a Robocall Lawsuit?

The amount of money a consumer could recover from a robocall lawsuit depends on several factors. There are statutory damages guidelines under the TCPA. The penalty is $500 per call or text if the violation was unintentional. The penalty for willful or knowing violations is up to $1,500 per call or text. Each call or text is a separate violation, which can add up quickly.

Available recovery amounts can increase if a single consumer joins a class action lawsuit. This is when multiple plaintiffs join together in a single lawsuit. Settlements can reach millions of dollars, though individual payouts vary. This type of lawsuit is common when companies use the same marketing campaign across a large group. The robocaller may be responsible for paying legal fees in successful cases.

What Is the National Do Not Call Registry?

The National Do Not Call Registry is a free service provided by the FTC. It lets consumers opt out of receiving unwanted telemarketing calls by placing themselves on an official do-not-call list. You can register landlines and mobile numbers. The registration never expires, so once you are on the list, you are always on it. Visit donotcall.gov or call 1-888-382-1222 to register.

Telemarketers must validate their call lists and honor the registry. Failing to do so and calling numbers on the list violates the TCPA. Violations may qualify you for enhanced statutory damages under the TCPA. Being registered does not prevent all calls, though. Political calls, nonprofits, surveys, government agencies, and companies you’ve done business with recently are all exempt. Being on the list can help establish that the received robocalls are unauthorized.

Robocall Prevention Options

The FTC gives consumers some easy guidelines on what to do when they answer an illegal robocall on their cellphone or landline. First, don’t press any buttons or speak to an operator. Simply hang up. You don’t have to answer calls from unknown numbers.

Next, many phone companies offer number blocking features. You could employ call-blocking services, but be aware that robocall scams often change their numbers (or use spoofing), and blocking service providers may charge a fee to block a number. Consumers may be able to find incoming call-blocking apps, says Friedman. Phone providers may also be able to refer customers to apps or services to help identify or block unwanted calls.

Finally, report the call to the FTC online or by phone (1-877-FTC-HELP) and help protect yourself from future calls by ensuring your number is registered on the National Do Not Call Registry.

How To Gather Evidence for Your Case

Trying to pin down robocallers on your own can be time-consuming. “To go after these people, you need to really do your homework,” Friedman says. But handing a case over to a lawyer takes much of the burden off your shoulders. “Once you hand it over to an attorney, there’s really not much that they have to do. We do all the work after that, and we try to get the case resolved for them.”

Still, there are some things you need to keep track of if you want to take legal action. Friedman says to keep your phone bills to help trace the spam calls, keep your phone through the full course of the lawsuit to avoid spoliation motions, and keep a log of spammer calls and voicemails you receive. “And that’s really it,” he says.

Another option, he says, involves occupying the scam caller’s time and getting information that can help track them down. “If you really want to make these guys pay and get them to stop, one thing is you can pick up the phone, string them along for like 10 to 15 minutes, and right before they take more personal information from you or try to get your credit card, ask them, ‘Hey, before I give you all that, what’s your contact information? I just want to make sure I’m dealing with a reputable company,’ or ‘Send me an email.’ Even though that promotes more spam, at least you’ll have a way to track them, and then you can hire an attorney like myself to go after these guys and sue them for the calls.”

Why You Should Speak with a Consumer Law Attorney

Robocall laws are more complicated than they seem. The TCPA, along with FCC regulations and newer legislation like the TRACED Act, outlines strict rules, but those rules are constantly evolving. Court decisions continue to reshape how terms like “auto dialer” and “consent” are interpreted. A consumer protection attorney can help you understand how the law applies to your specific situation and whether you have a viable claim.

An experienced attorney can help you calculate potential damages, determine whether the robocaller acted knowingly, and assess whether your case could qualify as part of a class action.

It’s never too early to speak with an attorney. You can take legal action after a single robocall or wait until the calls become persistent. If you’ve already asked the caller to stop or reported the number with no result, or if the calls involve spoofing, phishing, or scam tactics, it’s time to get help.

Find Legal Help

If you’re facing a flood of unsolicited robocalls, autodialed messages, or spoofed notifications, you may be eligible for compensation under the TCPA. Robocall blocking tools can only go so far—when those calls cross a legal line, it’s time to speak with an attorney. A lawyer can help you document your case, take legal action, and stop the calls for good.

Use the Super Lawyers directory to connect with a consumer law attorney who knows how to protect your rights.