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TCPA Litigation

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Understanding TCPA Litigation

The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 to protect consumers from unwanted telemarketing calls, text messages, and faxes. The law restricts the use of automated dialing systems, prerecorded voice messages, unsolicited texts, and junk faxes.
Businesses that violate the TCPA can face significant penalties, including statutory damages of $500 to $1,500 per violation. TCPA lawsuits are often brought as class actions because unlawful communications typically affect large groups of consumers.

Schedule a free consultation to discuss your TCPA claim.

Common TCPA Violations

Unsolicited Text Messages

Sending promotional or marketing text messages without the recipient’s prior express consent.

Robocalls and Autodialed Calls

Using automated dialing systems or prerecorded messages to contact consumers without proper consent.

Calls to Numbers on the National Do Not Call Registry

Calling individuals who have registered their numbers on the National Do Not Call list.

Unsolicited Fax Advertisements

Sending commercial faxes without consent or without a required opt‑out notice.

Failure to Provide Opt‑Out Options

Not providing a clear method for recipients to opt out of future communications.

Examples of TCPA Cases

A retailer sending mass promotional text messages without obtaining prior written consent.
A debt collector using autodialers to contact consumers without permission.
A company repeatedly calling individuals on the Do Not Call Registry.
A business sending unsolicited fax advertisements to hundreds of recipients.

Damages and Remedies Under the TCPA

Statutory Damages – $500 per violation, up to $1,500 (treble damages) per violation for willful or knowing violations.
Injunctive Relief – Court orders to stop unlawful calling or texting practices.
Class Action Recovery – Damages for large groups of consumers affected by the same unlawful conduct.

Proving a TCPA Claim

To succeed in a TCPA case, plaintiffs generally must show:

The defendant made a call, sent a text, or transmitted a fax.
The communication was made using an automated dialing system, prerecorded voice, or without proper consent.
The recipient did not consent or revoked prior consent.
The communication caused harm or violated the TCPA.

Evidence can include call logs, text message records, opt‑out communications, and witness testimony.

TCPA FAQ

What is the TCPA?

A federal law that regulates telemarketing calls, text messages, faxes, and the use of automated dialing systems.

Do I need to be on the Do Not Call Registry to bring a claim?

No. While the Do Not Call Registry provides additional protections, unsolicited calls or texts without consent can violate the TCPA regardless.

How much is a TCPA violation worth?

The law allows for $500 in damages per violation, and up to $1,500 for willful violations.

Can businesses send me texts if I’ve done business with them before?

Not necessarily. The business must still comply with TCPA consent requirements, especially for marketing messages, with some minor exceptions regarding account alerts and other informational contact.

Can I opt out of receiving calls or texts?

Yes. Consumers can revoke consent at any time, and companies must honor opt‑out requests.

Is TCPA litigation usually individual or class action?

Many cases are brought as class actions because the same unlawful communication is often sent to many consumers.

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