Guide

Robocall lawsuit & TCPA claims

Illegal robocalls aren't just annoying — federal law lets you seek money for them. Here's how a TCPA claim works and what it can be worth.

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Can you really sue over robocalls?

Yes. The Telephone Consumer Protection Act (TCPA) gives individuals a private right of action — meaning you can seek compensation yourself when a company places illegal automated or prerecorded calls to your cell phone without your consent. You don't have to wait for a regulator to act.

What makes a robocall illegal under the TCPA?

  • It uses an autodialer or a prerecorded/artificial voice, and
  • It reaches your cell phone without your prior express consent.

This is exactly why people with recycled numbers so often have a claim: when a number is reassigned to you, any consent the previous owner gave does not transfer. You are the current subscriber, and you never agreed to be called.

Can I sue for robocalls? A quick eligibility check

In most cases you may have a TCPA claim if all of the following are true:

  • The calls or texts reached a cell phone you pay for.
  • They were prerecorded, an artificial voice, or auto-dialed (a pause before a human picks up is a common sign).
  • You never gave that company consent — including when the number was reassigned to you from a previous owner.
  • You can show when and how often they called.

You do not need to have answered the calls, and you do not need to prove any financial loss. Learn more about your rights under the TCPA and robocalls meant for the previous owner of your number.

How much is a robocall lawsuit worth?

The TCPA sets $500 in statutory damages per violating call or text, which a court can increase to $1,500 for willful or knowing violations. Because these damages are per call, a pattern of repeated robocalls can add up to a meaningful amount — with no requirement to prove financial loss.

Here's how the per-call math works. These figures show the statutory range only; they are not a prediction of what any individual case recovers, since outcomes depend on liability, the defendant, and whether the case settles.

Illegal callsAt $500/callAt $1,500/call (willful)
5$2,500$7,500
10$5,000$15,000
25$12,500$37,500
50$25,000$75,000
100$50,000$150,000

Robocall settlements vs. your own claim

Large robocall and TCPA class actions are settled regularly, and you may have seen notices about nationwide settlement funds. In a class action, one fund is divided among everyone who submits a valid claim, so individual payouts are usually modest even when the headline number is large.

An individual TCPA claim works differently: it covers only the calls placed to your number, and it's measured against the $500–$1,500 statutory figure per call. For someone getting daily prerecorded calls on a reassigned number, that can be the stronger path. An attorney reviewing your call log can tell you which route fits.

How long do you have to file?

TCPA claims generally carry a four-year statute of limitations, running from the date of each violating call. Practically, though, the best time to start is while the calls are still happening — carrier records, voicemails, and screenshots are easiest to collect in the moment, and an ongoing pattern is more persuasive than one reconstructed later.

How to start a TCPA robocall lawsuit

  1. Document every call. Log the date, time, number, and the name requested; save voicemails and screenshots.
  2. Preserve proof you're the current subscriber. Keep records showing the number is yours and when it was reassigned.
  3. Get your case reviewed. A TCPA attorney can identify who's liable — the caller, the marketer, or a debt collector — and whether the violations look willful.
  4. Pursue the claim. Most TCPA cases are handled on contingency, so you generally pay nothing unless there's a recovery.

Want the full walkthrough? See how to sue for robocalls and spam calls, step by step.

Find out if you have a case — free

If prerecorded or auto-dialed calls keep hitting your number, our free eligibility review checks whether they may qualify under the TCPA. If they do, we connect you with attorneys who handle robocall lawsuits on a no win, no fee basis.

Frequently asked questions

Do I need a lawyer to sue over robocalls?

You can file a TCPA claim in small claims court yourself, but most people work with a TCPA attorney — especially for repeated calls or willful violations. Attorneys typically handle these cases on contingency, so there's usually no upfront cost.

How much can I win in a robocall lawsuit?

The TCPA sets statutory damages of $500 per illegal call or text, rising to $1,500 for willful or knowing violations. With multiple calls, the total can add up quickly — you don't need to prove any out-of-pocket loss.

How long do I have to file a TCPA lawsuit?

TCPA claims generally have a four-year statute of limitations, but evidence is strongest while the calls are ongoing. Starting early means a more complete call log and better-preserved voicemails.

What evidence do I need for a robocall lawsuit?

Keep a log of each call (date, time, caller ID, and the name requested), save voicemails and screenshots, and note every time you asked to be removed. Documentation showing you're the current subscriber of a reassigned number is especially valuable.

Can I sue for robocalls if I never answered them?

Yes. A TCPA violation happens when the illegal call or text is placed to your cell phone without consent — you don't have to answer it, and you don't have to prove you lost money. Missed calls and voicemails still count, which is why your call log matters.

Can I sue if the calls were meant for the previous owner of my number?

That is one of the strongest fact patterns under the TCPA. Consent belongs to the person who gave it, not to the phone number. When a number is reassigned to you, the caller no longer has consent to dial it, and continuing to call after being told it's the wrong person can support a willful-violation argument.

How much does a TCPA attorney cost?

TCPA cases are typically handled on contingency, meaning the attorney is paid from a recovery rather than up front. Fee terms vary by firm, so confirm them in writing before you sign anything.

What's the difference between a robocall class action settlement and an individual claim?

In a class action, thousands of people share one settlement fund, and individual payouts are often small. An individual TCPA claim covers only your calls, so the recovery is tied to your own call count and the statutory $500-$1,500 per call figure. Which route makes sense depends on how many calls you received and who placed them.

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