You are sitting down to dinner when your phone rings — again. It is a robocall for a car warranty, a debt collector using an auto-dialer, or a text message promoting a product you never signed up for. These calls and texts may violate the Telephone Consumer Protection Act (TCPA), one of the most litigated consumer protection statutes in the country. And unlike most consumer claims, the TCPA provides statutory damages per violation — no proof of actual harm required.
TCPA Statutory Damages: The Core Numbers
The TCPA provides a private right of action for violations, with statutory damages of $500 per violation for standard violations and $1,500 per violation for willful or knowing violations. A "violation" is typically each individual call or text message. The math can add up quickly:
- A single wrongful text message = $500–$1,500
- Ten robocalls = $5,000–$15,000
- Daily spam texts over one month = potentially $15,000–$45,000
In practice, individual TCPA claimants rarely sue for a handful of calls — the economics of individual litigation rarely justify it. The statute's real power comes in class actions, where thousands of recipients of identical robocall campaigns are aggregated into single lawsuits.
Class Action TCPA Settlements: The Big Numbers
TCPA class actions are among the largest consumer protection settlements in the country. Major settlements in recent years have included:
- $76 million class settlement against a national solar energy company for unauthorized robocalls
- $56 million settlement against a healthcare provider for automated appointment reminder calls made without proper consent
- $45 million settlement against a financial services company for debt collection robocalls
Individual class members in these settlements typically receive $50–$300 per claim, reflecting the reality that class settlement math divides a finite pot among potentially millions of claimants. However, named plaintiffs who lead the litigation may receive enhanced awards of $5,000–$25,000.
What Violates the TCPA?
The TCPA prohibits several categories of conduct without prior express written consent from the recipient:
- Automated calls (robocalls) to cell phones using an automatic telephone dialing system (ATDS)
- Prerecorded message calls to cell phones and residential lines
- Text messages sent using ATDS technology to cell phones
- Fax advertisements (less common today but still actionable)
- Any calls to numbers on the National Do Not Call Registry
The "prior express written consent" requirement is strictly construed. Purchasing a list of phone numbers, receiving a business card, or having a prior business relationship does not constitute TCPA consent for marketing calls.
TCPA Litigation After 2021: Facebook v. Duguid
In 2021, the U.S. Supreme Court narrowed the definition of "automatic telephone dialing system" in Facebook v. Duguid, requiring that equipment generate phone numbers randomly or sequentially — not just store and dial them. This decision eliminated some TCPA claims, but courts have continued to find liability under other TCPA provisions, state analogues, and the Do Not Call Registry rules. A skilled TCPA attorney can evaluate which theories apply to your specific situation.
Individual vs. Class Action: Which Is Right for You?
If you received hundreds of illegal calls or texts, an individual claim may be worth filing in small claims court — no attorney required in most jurisdictions. For smaller numbers of violations, joining an existing class action (if one exists) or waiting to see if a class is certified is often the more practical path. If you believe a company is running a systematic illegal calling campaign affecting thousands of people, you may be a candidate to serve as a named plaintiff in a class action, which carries both enhanced compensation and additional responsibilities.
If you have been bombarded with robocalls or unauthorized texts, find out whether you have a claim worth pursuing with a free case evaluation.
Discuss your case with Yates Anderson
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Frequently asked questions
How much can I get from a TCPA lawsuit?
The TCPA provides $500 per violation for standard cases and $1,500 per violation for willful violations. Individual class action claimants typically receive $50–$300, while named plaintiffs may receive $5,000–$25,000.
Do I need to prove I was harmed by robocalls?
No. The TCPA provides statutory damages without requiring proof of actual harm. Receiving an illegal robocall or text is itself the violation that entitles you to damages.
What is the statute of limitations for TCPA claims?
TCPA claims must be filed within 4 years of the violation under the federal statute of limitations for federal statutes. Some state analogue laws may have different deadlines.
Can a company call me if I previously gave them my number?
It depends. Providing your phone number for one purpose (e.g., a purchase) does not necessarily authorize marketing calls or texts. The TCPA requires prior express written consent specifically for autodialed or prerecorded marketing calls to cell phones.
What should I do when I receive an illegal robocall?
Keep a log of every call or text — date, time, number, and content. Screenshot texts. Answer calls and, if it's a live agent, ask who they are and who authorized the call. This documentation forms the basis of any TCPA claim.