Those annoying robocalls about your "car warranty" or "student loan forgiveness"? They might be worth $500-$1,500 each to you. Here's how.
The TCPA: Your Secret Weapon
The Telephone Consumer Protection Act (TCPA) makes it illegal to call your cell phone using an autodialer or prerecorded message without your consent.
The penalty? $500 per call. $1,500 if they did it knowingly.
Get 30 robocalls? That's $15,000-$45,000 in potential damages.
What Counts as a TCPA Violation
- Robocalls to your cell phone without permission
- Prerecorded messages (even if a human comes on after)
- Autodialed calls (computer-generated dialing)
- Text message spam
- Calls after you've revoked consent
- Calls to numbers on the Do Not Call Registry (for telemarketers)
Who Gets Sued Under the TCPA
- Debt collectors - Calling about debts you allegedly owe
- Banks and credit cards - Marketing calls, fraud alerts to wrong numbers
- Healthcare - Appointment reminders to wrong numbers
- Political campaigns - Robocalls without consent (yes, really)
- Car warranty scams - If you can identify the company
- Student loan servicers - Consolidation robocalls
Step-by-Step: Building Your Case
1. Document Every Call
- Screenshot your call log
- Note the date, time, and phone number
- If possible, answer and record (check your state's recording laws)
- Write down what the robocall said
2. Identify the Caller
The hardest part is figuring out who's calling. Try:
- Answering and asking "What company is this?"
- Pressing 1 to "speak to a representative"
- Googling the callback number
- Checking if the call matches a known debt or account
3. Send a Cease and Desist
If you can identify the caller, send written notice to stop calling. This creates a paper trail - calls after that are worth more.
4. Find a TCPA Attorney
Like FDCPA cases, TCPA attorneys work on contingency. You pay nothing upfront. They get paid from the settlement.
Real Settlement Examples
- Capital One (2014): $75 million class action for debt collection robocalls
- Dish Network (2017): $280 million for Do Not Call violations
- Caribbean Cruise Line (2016): $76 million for robocall scam
Individual cases typically settle for $1,000-$10,000 depending on call volume.
The Revoked Consent Goldmine
Here's a powerful scenario: You gave a company your number, then asked them to stop calling, and they kept calling.
Once you revoke consent, every subsequent call is a violation. Some attorneys specifically look for cases with:
- Written proof you asked them to stop
- Continued calls after that request
- Documentation of each call
What Won't Work
- Landlines: TCPA cell phone protections don't apply to landlines
- Calls with prior consent: If you gave them your number and didn't revoke it
- Non-commercial calls: Charity calls, surveys, political calls (some exceptions)
- Can't identify caller: Unknown scammers are hard to sue
Take Action
Stop deleting those robocalls. Start documenting them. Each one is potential money.
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