If you’re tired of robocalls and spam texts, here’s some good news: You can get paid $500–$1,500 for every illegal call or text you receive. Under the Telephone Consumer Protection Act (TCPA), businesses must follow strict rules when contacting you. Violations can lead to serious penalties – and compensation for you. Here’s what you need to know:
- What counts as a violation? Robocalls, prerecorded messages, or marketing texts sent without your written consent.
- How much can you claim? $500 per violation – or up to $1,500 if the company acted willfully.
- What about the Do-Not-Call Registry? If you’re on the registry and still get calls, that’s another violation.
- How do you file a claim? Document every call or text, save evidence, and consider consulting an attorney or using platforms like ReportTelemarketer.com for help.
Don’t let telemarketers invade your privacy – start tracking those calls today and take action to get compensated.
How to Use TCPA Violations to Get Paid by Debt Collectors
Types of TCPA Violations That Pay Damages
Knowing what actions violate the TCPA is essential if you’re seeking compensation. Violations like unsolicited autodialed calls, prerecorded messages, or unauthorized text messages can result in statutory damages, ranging from $500 to $1,500 per violation.
Unwanted Autodialed or Prerecorded Calls and Texts
Autodialed calls rely on computers to automatically dial numbers, while prerecorded calls (often called robocalls) play a recorded message when answered. Both types of calls require express written consent from the recipient. The same rule applies to text messages – companies must have clear, documented permission before sending promotional texts.
"A TCPA violation is the term for when a business is found to have broken the rules of TCPA in some way – such as by calling a number unsolicited and using automated marketing messages or using a robodialer to send thousands of pre-recorded messages."
– Rich Kahn, CEO of Anura
These violations can result in hefty financial penalties. For instance:
- In 2014, Capital One paid $75.5 million in a class action settlement for using automated dialers without proper consent.
- Domino’s Pizza settled for nearly $10 million in 2013 for sending promotional texts without required consent.
- More recently, MedMen faced over $5 million in damages due to sending unsolicited texts.
Next, let’s look at how TCPA rules protect numbers listed on the Do Not Call Registry.
Calls to Do-Not-Call Registry Numbers
The National Do Not Call Registry helps prevent unwanted telemarketing calls. Once your number has been on the registry for over 31 days, telemarketers are prohibited from calling to promote purchases, rentals, or investments. Violating this rule can lead to severe penalties. For example:
- In 2017, Dish Network was ordered to pay around $341 million in damages for intentionally contacting numbers on the registry.
- Penalties for violations can reach as high as $50,120 per call.
Other infractions include failing to identify the caller properly or calling outside the allowable hours of 8 a.m. to 9 p.m. local time.
In addition to registry violations, ignoring stop requests can also result in penalties.
Ignoring Stop Requests
When a consumer requests no further contact, companies are required to stop within 10 business days. Any additional calls or texts after this period count as new violations. For example:
- Highmark Health Options settled claims for $1.85 million after making automated telemarketing calls to consumers who had opted out.
Recent changes to consent revocation rules allow consumers more flexibility in withdrawing consent across all communication channels. So, even if a company continues to call just twice a week after you’ve asked them to stop, you could potentially recover between $500 and $1,500 for each unwanted call or text.
How to Collect TCPA Damages: Step-by-Step Process
Recovering damages under the TCPA requires a combination of thorough documentation and strategic action. The process can be broken down into three main steps: gathering evidence, filing your claim, and calculating the potential damages. Each step plays a vital role in ensuring your claim is solid and actionable.
Recording Evidence of Violations
The strength of your TCPA claim lies in the evidence you collect. Start by noting the date and time of every unsolicited call or text you receive. Pay attention to whether the call occurs during prohibited hours (before 8:00 a.m. or after 9:00 p.m. local time). Save the caller ID information exactly as it appears on your phone, even if it displays "Unknown" or an unusual number.
If you answer the call, document as much as possible: the date, time, caller ID, and any details the caller provides about their company or themselves. Although some telemarketers may hang up when questioned, any information you gather could prove useful later.
"The TCPA is a cornerstone of consumer privacy protection in marketing communications, and businesses need to keep TCPA requirements in mind to avoid costly violations and penalties, particularly regarding their contact center operations."
– Tallon Brown, Product Marketing Specialist, Nextiva
Keep your evidence organized and secure. Save screenshots, voicemails, and images of caller IDs digitally. Consider creating a spreadsheet or document to log each incident, including columns for the date, time, phone number, company name, and details of the call or text.
If you’ve asked to stop receiving calls, maintain records of those opt-out requests. This could include email confirmations, written letters, or notes on verbal requests. Additionally, keep any complaints you’ve filed with agencies or organizations to establish a clear paper trail.
Filing Your Complaint or Legal Claim
The TCPA gives individuals the right to file lawsuits for violations. You can pursue your case in either federal or state court, depending on which venue works better for your situation.
Keep in mind the statute of limitations – TCPA claims must be filed within four years of the violation. Acting within this timeframe is essential to secure your right to damages.
Before moving forward, consult with a TCPA attorney to assess your claim. Many attorneys offer free consultations for these cases, and you may be able to recover attorney’s fees if your claim is successful.
Decide whether to file individually or as part of a class action. Individual lawsuits are ideal when you have strong documentation of multiple violations by the same company. On the other hand, class actions can be effective if numerous consumers have experienced similar infractions by the same telemarketer.
You also have the option to file a complaint with your State Attorney General’s Office. They may investigate and take action against repeat offenders.
Calculating Your Compensation Amount
Once your claim is filed, it’s time to estimate the damages you may recover. The TCPA provides a clear formula for calculating compensation, but the final amount depends on the specifics of your case.
Each unsolicited call or text carries a base penalty of $500. For example, if you received 10 unauthorized calls, your base damages would amount to $5,000.
If the violations were willful, damages can triple to $1,500 per call or text. Courts may award these higher damages if the company knowingly broke the law or acted recklessly – such as ignoring your requests to stop calling, contacting numbers on the Do-Not-Call Registry, or using automated systems without proper consent.
The numbers can add up quickly. For instance, if you received 20 robocalls and can prove willful violations, your potential recovery could reach $30,000 ($1,500 × 20 calls). Additionally, you may be able to recover attorney’s fees as part of your compensation.
In cases where a single call involves multiple violations – such as calling a Do-Not-Call Registry number with an autodialer after you’ve requested no further contact – your compensation could increase further. Each violation type is treated separately, so detailed records of repeated offenses are critical to maximizing your claim.
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Using ReportTelemarketer.com to Make the Process Easier
Taking on TCPA claims by yourself can feel overwhelming and take up a lot of your time. That’s where ReportTelemarketer.com steps in, simplifying the process by managing the legal and investigative work for you. Operated by Coleman, PLLC, this platform focuses on identifying violations of the TCPA and holding telemarketers accountable for breaking the law.
How to Report Unwanted Calls and Texts
Getting started with ReportTelemarketer.com is quick and straightforward. The platform offers an easy-to-use online form where you can share details about the unwanted calls or texts you’ve been receiving.
"It’s simple. You complete an online report detailing your do-not-call complaint. We will investigate the phone number to determine if we can stop the calls."
When filling out your report, include as much detail as possible – such as the caller’s name, the company they represent, the phone number, and the exact time and date of each call or message. The more specific you are, the better.
You don’t need to be a legal expert to complete the report. Just explain what happened in your own words. Mention if you’ve asked the caller to stop contacting you, whether you’re registered on the Do-Not-Call list, or if the calls were automated. Once your report is submitted, the team at ReportTelemarketer.com will handle the legal analysis to determine if a TCPA violation occurred.
From there, the platform’s legal professionals will guide you through the next steps.
Getting Professional Help and Legal Action
After submitting your report, ReportTelemarketer.com’s legal team gets to work. They use advanced tools to identify the telemarketer responsible for the calls and investigate the situation thoroughly.
Using consumer protection laws, the team takes action to stop the harassment. If a telemarketer is found to have violated the TCPA, they may issue cease-and-desist letters or file formal complaints. This professional approach often gets quicker results than filing individual complaints since telemarketers are more likely to respond to legal demands from experienced attorneys. This expertise can make the process of recovering your TCPA damages much smoother.
By submitting your report, you agree to be contacted by Coleman, PLLC to discuss your case. Based on the evidence you provide, they may explore options such as individual lawsuits or even class action cases, depending on the extent of the violations.
Free Service for Consumers
One of the best parts? This service doesn’t cost you anything upfront. ReportTelemarketer.com provides professional legal assistance with no out-of-pocket expenses. You won’t need to worry about retainers, hourly fees, or any other upfront payments.
Instead, the platform operates on a contingency basis, meaning attorney fees are only collected from the telemarketer after successfully resolving the case. This way, you can pursue TCPA claims without any financial risk.
Whether you’re entitled to $500 per call for standard violations or up to $1,500 per call for willful violations, ReportTelemarketer.com handles the legal heavy lifting. All you need to do is keep documenting any additional unwanted calls while they work to protect your rights. This contingency-based service makes it easier for you to enforce your TCPA protections without worrying about financial barriers.
Conclusion: Protect Your Rights and Get Paid
The Telephone Consumer Protection Act (TCPA) gives you the power to push back against unwanted telemarketing calls and texts – and even seek compensation for the inconvenience. Under this law, you could claim between $500 and $1,500 per violation, and if a company repeatedly breaks the rules, those damages can pile up quickly.
To succeed, start with accurate and timely documentation. Keep detailed, dated records of each violation. Don’t forget, the TCPA allows you four years from the date of the violation to file your claim.
Recent settlements, including cases against well-known companies, show just how impactful TCPA enforcement can be. Beyond financial compensation, taking action holds telemarketers accountable and helps prevent others from facing similar harassment. This private right of action not only protects your privacy but also sends a message that illegal solicitation practices won’t be tolerated.
If navigating this process feels overwhelming, platforms like ReportTelemarketer.com can make it easier. They investigate violations and connect you with experienced attorneys – without any upfront costs. Since legal fees are collected from the telemarketers, you can pursue justice without worrying about financial risks.
Don’t let telemarketers invade your privacy. Use the tools provided by the law to protect your rights, claim compensation, and put an end to the harassment. Start documenting those calls now, and take the first step toward holding these companies accountable.
FAQs
How can I document TCPA violations to strengthen my claim?
To strengthen your case for TCPA violations, keeping detailed records of every unwanted call or text is crucial. Save everything – caller ID details, text messages, and voicemails. Jot down specifics like the date, time, and what was communicated, especially if you’ve already requested not to be contacted.
On top of that, hold onto phone records, call or text logs, and any related correspondence. The more organized and accurate your documentation, the stronger your claim will be. If you’re unsure about the next steps, services like ReportTelemarketer.com can help you report and address these violations effectively.
What makes a telemarketing call or text ‘willful’ under the TCPA, and how does it affect compensation?
Under the TCPA, a telemarketing call or text is considered "willful" when the caller knowingly and deliberately breaks the law. For instance, this might occur if the caller knew they didn’t have your consent to contact you but still went ahead with the call or text.
When a violation is classified as willful, you could be eligible for increased compensation, up to $1,500 per call or text. This higher penalty is designed to hold telemarketers accountable for intentionally ignoring consumer protection laws. If you’re uncertain whether a violation was willful, reaching out to a consumer protection service like ReportTelemarketer.com can help clarify your rights and guide you on what to do next.
What are the advantages of using ReportTelemarketer.com to handle TCPA claims instead of doing it yourself?
Using ReportTelemarketer.com to address TCPA claims comes with several notable benefits compared to handling the process on your own. The platform streamlines the reporting of unwanted telemarketing calls and texts, conducts investigations into potential violations, and even manages legal actions like sending cease and desist letters. These tasks, often tedious and complex for individuals, are handled efficiently by the service.
What’s more, the platform is equipped to spot TCPA violations more accurately, which could increase your chances of securing statutory damages ranging from $500 to $1,500 per call. By entrusting the process to professionals, you can navigate the legal landscape with confidence, avoiding the hassle and stress of doing it all yourself.
