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How to File a TCPA Lawsuit
Unsolicited Calls & Text Messages

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.


Every day, thousands of people across the US are harassed by unwanted phone calls through their landline and cell phone. If you continue to receive telemarketing calls even though you’re on the National Do Not Call Registry, you have a claim for a TCPA lawsuit.

Schmidt & Clark lawyers are experienced in dealing with TCPA class action lawsuits, so today, we’ll explain how you can file a TCPA lawsuit.

Quick Summary:

  • TCPA protects you from getting unsolicited calls and messages on your landline and cell phones.
  • You can file a complaint against a company that won’t stop harassing you on the FCC website. If this doesn’t work, you need a lawyer to help you file a lawsuit.
  • You can get damages for each lawsuit you bring and higher damages if you can prove a business knowingly violated TCPA.

What is TCPA?

Woman getting an unwanted call

TCPA is the Telephone Consumer Protection Act. This is a federal law enacted in 1991 to protect you from unwanted phone calls, such as calls and texts, using an automated dialing system [1]. It was expanded in 2003 to include the Do Not Call Registry.

Some examples include calls from insurance companies and other survey and debt collection calls using a pre-recorded synthetic voice without your prior consent.

“The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or pre-recorded voice messages. The rules apply to common carriers as well as to other marketers.” FCC official website

TCPA was revised in 2012, so now it requires prior express consent or an established business relationship to exist before a consumer can be called. TCPA lawsuits often happen when companies and salespeople won’t stop the unsolicited calls and harassing text messages to consumers.

Who Can File a TCPA Lawsuit?

Unknown number calling the phoneAnyone can file a TCPA suit as long as certain factors are met, such as if you’ve:

  • Been harassed by a business such as easy credit access or a debt collector.
  • A company you don’t have an established business relationship with has been contacting you.
  • Requested that a company stops contacting you, but they haven’t.
  • Received pre-recorded telemarketing calls and robocalls.
  • Made a Do Not Call request and still got unwanted calls from a business.
  • Received spam and pre-recorded messages.
  • Received automated calls before 8 a.m. and after 9 p.m.

All of these violate the federal statute, and you have a claim against a company or a person.

Note: Even if you have an established relationship with a company or gave consent to be contacted, there are Telemarketing Sales Rules, which protect you from an unsolicited call [2].

You can file the lawsuit individually under The Consumer Protection Act (TCPA), or a group of plaintiffs can bring a class-action lawsuit. 

Who’s Breaking the Rules? Common TCPA Violators Exposed

The Telephone Consumer Protection Act (TCPA) is designed to shield consumers from unwanted calls and messages, yet certain industries are frequent offenders. Here’s a closer look at the common culprits, the violations they commit, and the consequences they face.

1. Debt Collectors: When Persistence Becomes Illegal

Debt collectors often cross the line by using aggressive automated systems to contact consumers without proper consent.

Frequent Violations:

  • Using auto-dialers to call numbers without prior approval.
  • Contacting individuals via numbers obtained through skip-tracing, bypassing consent checks.

Case Example: In Henderson v. USA Funds, the Ninth Circuit held a loan servicing company liable for TCPA breaches by its debt collectors, emphasizing the importance of obtaining explicit consent.

2. Telemarketers: Persistent Callers Ignoring the Rules

Telemarketers are infamous for pushing products through unsolicited calls, often disregarding consumer rights.

How They Violate TCPA:

  • Robocalls with pre-recorded messages sent without prior express consent.
  • Calling numbers listed on the National Do Not Call Registry.

Potential Penalties: Each violation can result in fines of $500, rising to $1,500 for willful misconduct.

3. Insurance Companies: Missteps in Marketing Outreach

Insurance companies use phone campaigns for renewals or offers but sometimes fail to meet TCPA compliance standards.

Key Violations:

  • Automated marketing calls without prior consent.
  • Ignoring requests to stop contacting certain consumers.

Example: An insurance company faced TCPA penalties after continuing to call a consumer who had explicitly opted out.

4. Political Campaigns: Navigating Exemptions

Political campaigns frequently contact voters but are not entirely exempt from TCPA regulations.

Common Mistakes:

  • Robocalls sent without securing recipient consent.
  • Failing to check the Do Not Call Registry.

Legal Considerations: While campaigns enjoy certain exemptions, any violations of TCPA rules can still lead to fines and lawsuits.

5. Scam Operations: The Worst Offenders

Scammers not only violate TCPA rules but also prey on consumers through deceptive practices.

Typical Violations:

  • Spoofing caller IDs to impersonate legitimate businesses.
  • Making high volumes of unsolicited calls to lure victims.

Enforcement: Authorities aggressively pursue scammers, resulting in heavy fines and potential criminal charges.

Whether it’s unauthorized robocalls from telemarketers or aggressive tactics from debt collectors, understanding these practices empowers individuals to take action.

If you’ve experienced TCPA violations, consult a legal expert to explore your options for holding these offenders accountable.

Process of Filing a TCPA Complaint

Filing a complaint under the Telephone Consumer Protection Act (TCPA) is a straightforward process when you follow these steps.

Here’s a simplified guide to help you gather evidence, register your number, and file your case effectively.

Step 1: File a Complaint with the FCC

  1. Visit the FCC Website: Go to the FCC Consumer Complaint Center.Problematic person filing a complaint online
  2. Select "File a Complaint": Click the button and choose "Telemarketing" or "Robocalls."
  3. Fill Out the Form: Enter your contact details and a detailed description of your complaint.
  4. Upload Evidence: Attach screenshots, call logs, or any relevant documents.
  5. Submit the Complaint: Review everything and hit submit.

Step 2: Register with the Do Not Call Registry

  1. Go to DoNotCall.gov.
  2. Register Your Number: Enter your phone number and email address.
  3. Confirm Registration: Check your email for a confirmation link and click it within 72 hours.

Step 3: Gather Evidence

    • Call logs with dates and times.
    • Screenshots of calls, texts, or voicemails.
    • Written notes about the calls (e.g., who called, purpose).

Step 4: File a TCPA Lawsuit

  1. Check Jurisdiction: Most TCPA lawsuits are filed in federal court.
  2. Prepare the Complaint: Include the facts, how the TCPA was violated, and any damages.
  3. File the Lawsuit: Submit the complaint at the courthouse or via e-filing (if available). Filing fees typically range from $350 to $500.
  4. Serve the Defendant: Ensure the other party receives a copy of the complaint.

Step 5: Use Sample Complaint Forms

  • Federal Court Templates: Visit USCourts.gov for templates.
  • State-Specific Forms: Check your state’s judicial website for local examples.

Building a Strong TCPA Case: Essential Evidence Collection

Documenting communications thoroughly is a cornerstone of a successful Telephone Consumer Protection Act (TCPA) lawsuit. From calls and text messages to voicemails, this guide outlines how to capture and preserve evidence effectively.

With step-by-step instructions, app recommendations, and best practices, you’ll be equipped to build a compelling case.

1. Recording Call Details: Tools and Best Practices

Accurate call documentation ensures your evidence is both reliable and organized.

Recommended Tools

  • Call Logging Apps: Apps like Truecaller, Call Log Pro, and OpenPhone can automatically log call details, making it easier to track recurring calls.
  • Manual Tracking: For those who prefer manual methods, maintain a spreadsheet or use note-taking apps like Evernote or Google Keep.

Key Information to Record

  • Date and Time: Note when each call took place.
  • Call Duration: Record the length of the conversation.
  • Caller Identification: Log the caller's number or displayed name.
  • Purpose: Document why the call occurred.
  • Consent Status: Include whether you gave consent for contact.
  • Conversation Notes: Summarize the key points discussed.

2. Capturing Screenshots of Call Logs by Device

Taking screenshots is a simple yet effective way to preserve evidence of calls.

iPhone Users

  1. Open the Phone app and go to the "Recents" tab.
  2. Tap the info ("i") icon next to the desired call.
  3. Press the Side Button and Volume Up button simultaneously to capture a screenshot.

Android Users

  1. Navigate to the Phone app and select "Call History."
  2. Tap the desired call entry for more details.
  3. Press the Power Button and Volume Down button simultaneously to screenshot.

Windows Phone Users

  1. Open the Phone app and select "History."
  2. Tap the call entry to view specifics.
  3. Press the Power Button and Start Button together to capture the screen.

3. Preserving Call Logs for Legal Use

Backing up and securing call logs is vital to prevent data loss or evidence tampering.

Methods to Safeguard Call Logs

  • Automated Call Logging: Use VoIP systems or CRM platforms that automatically track calls.
  • Export Files: Regularly export call logs as CSV files for easy organization and retrieval.
  • Cloud Storage: Securely store files in services like Google Drive or Dropbox for added protection.

4. Documenting Text Messages for Evidence

Text messages can be a critical piece of evidence in TCPA cases, and proper documentation ensures their admissibility.

Steps for Documentation

  • Screenshots: Take clear screenshots of each message, ensuring the date, time, and sender are visible.
  • Export Messages: Use tools like SMS Backup & Restore (Android) or iMazing (iPhone) to save conversations in a readable format.

Information to Capture

  • Message Date and Time: Ensure timestamps are included for context.
  • Sender Information: Record the contact name or phone number.
  • Content: Preserve the exact wording of each message.

5. Preserving Voicemail Evidence

Voicemails provide critical audio evidence, making their preservation a top priority.

Tips for Securing Voicemails

  • Record and Save: Use apps like Google Voice or YouMail to save voicemails as audio files.
  • Export Files: Many platforms allow exporting voicemails as .mp3 files. Organize these files by date and case relevance.
  • Supplementary Notes: Alongside the audio file, record the date, time, and a summary of the voicemail content.

Proper evidence collection is the backbone of a successful TCPA lawsuit. By diligently documenting calls, text messages, and voicemails, you can build a strong case supported by clear, organized evidence.

Leverage the tools and techniques outlined here to ensure your communications are preserved and ready for legal proceedings.

Staying consistent and proactive in your documentation will increase your chances of achieving a favorable outcome.

Damages for TCPA Lawsuit

Understanding the damages available under the Telephone Consumer Protection Act (TCPA) is critical for anyone pursuing legal action.

From calculating penalties to examining real case settlements, this guide breaks down the essentials for maximizing your claim.

How Damages Are Calculated: A Step-by-Step Breakdown

TCPA violations can lead to substantial financial penalties:

  • Standard Penalty: $500 per violation.
  • Willful Violation: $1,500 per violation if the action was intentional.
Example Calculations:
  • 100 Calls:
    • Standard Penalty: 100 calls × $500 = $50,000
    • Willful Violation: 100 calls × $1,500 = $150,000
  • 1,000 Calls:
    • Standard Penalty: 1,000 calls × $500 = $500,000
    • Willful Violation: 1,000 calls × $1,500 = $1,500,000

Notable TCPA Settlements: Real Numbers in Action

Several high-profile cases highlight the financial stakes of TCPA lawsuits:

  • Wakefield v. ViSalus, Inc.: A class action resulted in $925 million for over 1.8 million illegal prerecorded calls.
  • Life Time Fitness: Paid up to $15 million to settle claims of unsolicited telemarketing calls.
  • Cunningham v. Tollfreezone.com: The court awarded damages for multiple violations, emphasizing that each infraction can result in separate penalties.

Multiple Violations: How One Call Can Lead to Bigger Awards

TCPA rules let you rack up multiple penalties for just one call if it breaks different parts of the law. This means a single call can lead to separate fines for each violation.

For example, if a call violates § 227(b) (like using autodialers without consent) and § 227(c) (ignoring the do-not-call list), you could be looking at two separate penalties. It’s a way to ensure companies don’t get off lightly when they break several rules at once.

The key takeaway? Each violation is counted on its own, which can really add up and significantly increase the total payout for affected individuals.

Class Action Compensation: Big Numbers for Group Claims

Class actions under the TCPA can result in huge payouts because the violations add up quickly.

On average, settlements land around $6.6 million, but some high-profile cases have hit $250 million or more. One standout example is Meyer v. Portfolio Recovery Associates, where a class action led to a massive $20 million payout thanks to a large number of unsolicited calls.

The takeaway? When violations affect a big group of people, the financial consequences for companies can escalate fast.

Treble Damages: Boosting Payouts for Willful Violations

Treble damages (up to $1,500 per violation) are awarded when violations are deemed "willful and knowing."

Requirements for Treble Damages:
  • Evidence of awareness: Proof that the defendant knowingly violated the TCPA.
  • Prior warnings or complaints: Demonstrating the defendant ignored previous notices about illegal practices.

Court Discretion: Judges decide whether the actions qualify as willful based on the evidence.

The potential damages in TCPA lawsuits are substantial, especially when multiple violations or willful actions are involved.

By understanding calculation methods, real case settlements, and opportunities for treble damages, claimants can better navigate their legal options. Proper documentation and expert legal advice can significantly increase the likelihood of a favorable outcome.

FAQ

How Do I Sue for a TCPA Violation?

To sue for a TCPA violation, you should get a lawyer and make sure you have proof of violation. Record communication between you and the business you want to sue, such as calls and voice messages, and have screenshots of messages. 

What If I Can't Identify The Caller?

If you can't identify the caller, don’t worry. Focus on gathering as much evidence as possible, such as call logs, voicemails, or text messages. Many legal professionals can use subpoenas to trace unidentified numbers back to the source. Apps like Truecaller or Hiya can also help you identify spam calls.

How Long Do I Have To File?

Under the TCPA, you generally have four years from the date of the violation to file a lawsuit. It’s best to act quickly, as gathering evidence and building your case takes time. Keep detailed records of all communication to strengthen your claim.

What About Spoofed Numbers?

Spoofed numbers are a common tactic used to hide a caller's true identity. Even if the number is fake, you can still pursue a TCPA claim. Document the calls, and your attorney can work with phone carriers or subpoena records to trace the real origin of the call.

Can I Sue Cell Phone Spammers?

Yes, you can sue cell phone spammers under the TCPA. Whether it’s robocalls, unsolicited texts, or prerecorded messages, spammers must comply with TCPA rules. Gather proof like screenshots of texts, call logs, or voicemails to build your case.

How Do I Prove Willful Violation?

To prove a willful violation, you’ll need to show that the caller knowingly disregarded TCPA rules. Evidence like prior complaints, opt-out requests, or repeated calls despite your objections can demonstrate intent. This could increase the penalty to $1,500 per violation.

Win a TCPA Suit With Experienced Lawyers

Unwanted calls and messages are disruptive and harassing. Unless a business has your written consent, they don’t have the right to contact you if your number is on the Do Not Call Registry.

However, many businesses don’t follow this rule. In this case, you have the right to sue the offending company. Schmidt & Clark lawyers will provide a free and confidential consultation and explain what legal action you can take. 

Contact us to schedule a free consultation as soon as today. 


References:

1.) https://www.fcc.gov/general/telemarketing-and-robocalls 

2.) https://consumer.ftc.gov/articles/national-do-not-call-registry-faqs