Unwanted telemarketing calls, repeated automated messages, and unsolicited promotional text messages can disrupt your daily life. In some situations, these communications may violate federal consumer protection laws. A TCPA lawyer can help you understand your rights under the Telephone Consumer Protection Act (TCPA), review the circumstances surrounding unwanted calls or texts, and determine whether legal action may be available.

The TCPA is a federal law that regulates certain telephone solicitations, automated calls, prerecorded voice messages, and text messages. Its requirements depend on factors such as the type of communication, the technology used, consent, and whether the recipient has revoked consent or requested that communications stop.

If you believe a company has repeatedly contacted you in violation of applicable law, understanding the TCPA can help you identify possible next steps.

What Is the Telephone Consumer Protection Act?

The Telephone Consumer Protection Act is a federal law enacted to address certain unwanted telephone communications and protect consumers from specified calling practices.

Depending on the circumstances, the TCPA may regulate:

• Certain calls made using an automatic telephone dialing system.

• Prerecorded or artificial voice calls.

• Certain telemarketing calls and text messages.

• Telemarketing communications made without required consent.

• Certain calls to telephone numbers on applicable do-not-call lists.

• Communications that violate applicable consent, identification, or opt-out requirements.

The law contains different rules for different types of communications. Not every unsolicited call or text violates the TCPA, and whether a particular technology falls within the law can require a fact-specific legal analysis.

When Should You Contact a TCPA Lawyer?

A TCPA attorney may be helpful when repeated calls or messages appear to violate applicable federal requirements.

1. Repeated Automated Calls

If you receive repeated automated calls from a business, debt collector, or marketing company, a lawyer can examine how the calls were made and whether the TCPA applies.

The legal analysis may depend on the calling technology, the type of call, the recipient's consent, and any applicable exemptions.

2. Unwanted Marketing Text Messages

Promotional text messages can sometimes be subject to TCPA restrictions. Certain marketing messages require prior express written consent, depending on the circumstances and the technology used.

If you receive repeated promotional messages without the required consent, a TCPA lawyer can help assess whether the communications may violate the law.

3. Calls After You Revoke Consent

In some situations, a consumer may revoke consent to receive covered calls or messages. If communications continue afterward, an attorney can review how consent was originally obtained, how it was revoked, and whether the subsequent communications violated applicable requirements.

Keep records showing when you requested that the communications stop and any responses you received.

4. Calls Intended for Someone Else

You may receive calls or messages intended for a previous owner of your phone number. Whether those communications violate the TCPA depends on the facts, including the type of call, the applicable consent rules, and the circumstances surrounding the number.

A lawyer can help determine whether the situation raises a potential claim or whether another complaint process is more appropriate.

5. Telemarketing and Do-Not-Call Violations

Federal rules restrict certain telephone solicitations, including some calls to numbers registered on the National Do Not Call Registry. Additional requirements may apply to company-specific do-not-call requests.

An attorney can evaluate the type and frequency of calls, the caller's identity, any prior requests to stop, and whether a legal violation may have occurred.

How a TCPA Lawyer Can Help

A TCPA lawyer can assess the communications and explain the legal options that may be available.

Reviewing call and message records: An attorney may examine call logs, text messages, voicemail recordings, screenshots, and other evidence.

Evaluating consent: The lawyer can investigate whether the company obtained the type of consent required for the communications at issue.

Examining calling technology: The method used to place calls or send messages can be important in determining whether particular TCPA provisions apply.

Reviewing opt-out requests: An attorney can assess whether a request to stop communications was made and whether the company complied with applicable requirements.

Explaining potential compensation: Depending on the violation and other legal requirements, the TCPA may provide statutory damages and, in certain circumstances, increased damages for willful or knowing violations.

Representing you in a claim: If the facts support legal action, an attorney can explain the available procedures and represent you in negotiations or litigation.

The outcome depends on the evidence and applicable law. Consulting a lawyer does not guarantee compensation or a successful claim.

What Evidence Should You Keep?

If you believe you are receiving unlawful calls or text messages, keeping accurate records may help an attorney evaluate your situation.

Consider preserving:

• Screenshots of unwanted text messages.

• Call logs showing dates, times, and phone numbers.

• Voicemail messages and recordings, where lawfully obtained.

• The name of the company or caller, if known.

• Copies of consent forms or marketing sign-up pages.

• Records of requests to stop calls or messages.

• Responses from the company or its representatives.

Avoid deleting relevant messages or editing records in ways that could affect their accuracy. Do not access another person's accounts or records without authorization.

Potential Damages Under the TCPA

The TCPA may allow a private lawsuit for certain violations. Under the statute, a court may award actual monetary loss or statutory damages of $500 per qualifying violation, as applicable. For certain violations that are found to be willful or knowing, the court may increase damages to as much as $1,500 per violation.

These figures are not guaranteed payments. Eligibility depends on the specific statutory provision, the facts, and the evidence. Not every unwanted call or message qualifies as a separate violation, and defenses or other legal limitations may apply.

An attorney can explain whether your circumstances may support a claim and what remedies could be available.

Frequently Asked Questions

1. What does a TCPA lawyer do?

A TCPA lawyer evaluates potentially unlawful calls and text messages, reviews consent and communication records, explains the law, and advises consumers about possible claims and remedies.

2. Can I sue a company for sending unwanted text messages?

Potentially. Certain text messages may violate the TCPA if the applicable legal requirements are not met. The answer depends on the type of message, technology, consent, and other circumstances.

3. How much compensation can I receive under the TCPA?

The statute generally provides for $500 in statutory damages per qualifying violation, with potential increases to $1,500 for certain willful or knowing violations. Actual recovery depends on the specific facts and applicable law.

4. Do all robocalls violate the TCPA?

No. The TCPA does not prohibit every automated call. The legality of a call depends on factors such as its purpose, the technology used, consent, the number contacted, and any applicable exceptions.

5. What should I do if a company keeps calling after I ask it to stop?

Keep records of the calls and your requests, avoid deleting relevant messages, and consider seeking legal advice. An attorney can assess whether the communications violate the TCPA or other applicable rules.

Conclusion

Repeated unwanted calls and text messages can raise important questions about consumer privacy and consent. The Telephone Consumer Protection Act provides protections against certain types of telephone communications, but its requirements depend on the circumstances.

A TCPA lawyer can help review call records, evaluate consent, identify possible violations, and explain whether legal remedies may be available. If you believe a company has ignored applicable restrictions, consider consulting a qualified consumer protection attorney about your situation.