Your rights under the TCPA

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a federal law that restricts telemarketing calls, auto-dialed calls, prerecorded or artificial-voice messages, and unsolicited texts. Crucially, it gives individuals a private right of action — meaning you can seek compensation yourself when your rights are violated.

What makes a robocall illegal?

• It uses an automatic telephone dialing system or a prerecorded/artificial voice, and
• It's placed to your cell phone without your prior express consent.

When a number is reassigned to you, any consent the previous owner gave doesn't transfer. You are the new subscriber, and you never agreed to be called — so continued automated calls to your line can be violations.

How much can you recover?

The TCPA provides $500 in statutory damages per violating call or text. If the violation is found to be willful or knowing, a court may award up to $1,500 per call. There's no need to prove out-of-pocket financial loss — the statute sets the amount.

Who can be held responsible?

Liability can reach the company whose message is being played, the marketing firm that placed the calls, and sometimes debt collectors using automated systems. Identifying the right party is part of what a TCPA attorney does when reviewing your case.

Time matters

TCPA claims are subject to deadlines, and evidence is easiest to gather while the calls are ongoing. If you're receiving illegal robocalls meant for your number's previous owner, don't wait — start a free eligibility review and preserve your records now.