What is a TCPA / robocall lawsuit? A TCPA lawsuit is a civil claim against a company that made illegal robocalls or sent illegal text messages to your phone without consent. Federal law sets statutory damages at $500 per call (or $1,500 per call if the violation is willful). You can file as part of a class action or individually in small claims court.
What the TCPA Actually Covers
The Telephone Consumer Protection Act (TCPA), enacted in 1991 and updated multiple times, restricts how companies can use automated calling, prerecorded messages, and text messages. The core rules:
- Companies cannot make autodialed or prerecorded calls to a cell phone without express written consent.
- Companies cannot send marketing text messages without express written consent.
- Companies cannot call numbers on the National Do Not Call (DNC) Registry for marketing purposes.
- Companies must scrub their call lists against the DNC Registry every 31 days.
- Companies must honor opt-out requests within 30 days.
The penalty for violation: $500 per call for negligent violations, $1,500 per call for willful or knowing violations. There's no cap on damages. If a debt collector or marketer called your cell phone 50 times after you told them to stop, that's potentially $25,000 to $75,000.
What Qualifies as an Illegal Robocall
Common patterns that trigger TCPA liability:
- Autodialed marketing calls to your cell phone without consent. Includes "this is your loan officer" loan-pitch calls, "this is the IRS" scam calls, extended warranty calls.
- Calls to a number on the National DNC Registry from a marketer without an established business relationship. The Registry has held over 250 million numbers since 2003.
- Calls after you've revoked consent. If you told the company "stop calling me" verbally, in writing, or by replying STOP to a text, all subsequent calls are violations.
- Calls from a company you have no relationship with, marketing a product. Especially common: debt buyers calling people who don't owe them anything.
- Texts using automated systems for marketing purposes. Same TCPA rules apply to SMS.
Not all calls are violations. Calls from companies you do business with about non-marketing topics (account status, fraud alerts, appointment reminders) are typically exempt. Pure political calls, charitable solicitations, and survey calls have separate rules.
Active Class Action TCPA Settlements
Class actions are the easier path for most consumers. Filing takes 5 to 10 minutes, no proof of damages required, and payouts are typically $50 to $250 per class member. Recent and recurring TCPA class actions have hit companies like Capital One, JPMorgan Chase, Discover, Dish Network, Comcast, and many timeshare resellers.
Check the FYC open settlements directory for current active TCPA class actions. They appear regularly — the volume of robocall lawsuits is the highest of any consumer protection category.
To find class actions you might qualify for, search Google for the calling company's name + "TCPA class action settlement." If you received calls from a specific company in the past 4 years, there's a good chance there's an open or recently-settled class action.
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Suing Robocallers in Small Claims Court
Individual TCPA lawsuits in small claims court are surprisingly winnable. Statutory damages are set by federal law, so you don't have to prove damages — you only have to prove the call happened and that it violated TCPA.
Step-by-step:
- Document every illegal call. Save the call log entry. Note the date, time, caller ID number, and what was said. Screenshot voicemails. Save texts.
- Identify the actual caller. Spoofed numbers make this hard. Tools that help: numlookup.com, tellows.com, and (for serious cases) state attorney general assistance.
- Send a demand letter. Tell the company you'll sue for TCPA violations. Many settle for $1,500 to $5,000 to avoid the lawsuit. Free template letters at nomorobo.com and the National Consumer Law Center.
- If they don't settle, file in small claims. Most small claims courts have $5,000 to $10,000 jurisdictional limits, which is plenty for most TCPA cases.
- Win the judgment. If the company doesn't appear, you'll likely get a default judgment. If they show up, you'll need to prove the calls happened (your call log) and that they violated TCPA (no consent + autodialed/DNC/etc).
What Documentation You Need
For both class actions and individual lawsuits, helpful evidence:
- Phone records. Cell carriers (Verizon, AT&T, T-Mobile) keep call logs for 12 to 18 months. Request them in writing.
- Voicemails. Save audio files. Don't delete.
- Text messages. Screenshot with date/time visible.
- DNC Registry confirmation. Print or screenshot your registration at donotcall.gov. Registration is permanent (no expiration since 2008).
- Any prior consent or opt-out you sent. Email replies of "STOP", text replies, voicemail demands to stop.
The DNC registration is particularly powerful. If your number was on the Registry for at least 31 days before the marketing call, the company is presumed to have violated TCPA.
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How Far Back Can You Go
The federal TCPA statute of limitations is 4 years from the date of the violation. So calls received between May 2022 and May 2026 are within the window.
Some states have different rules. California, Oregon, and Washington have additional state-level robocall laws with shorter or longer windows. New York's recently-strengthened do not call rules carry their own civil penalties.
For class actions, the relevant date is the call date, not the lawsuit filing date. So calls from 2022 may still be eligible even if the class action was filed in 2025.