If your cell phone rings with a prerecorded sales pitch—or you have put yourself on the Do Not Call list—or your fax machine spits out an unsolicited advertisement—do you think the sender should be held accountable?
Unsolicited marketing robocalls and junk faxes are more than just inconvenient. They invade privacy, consume time and resources, and shift costs onto the recipient. Congress decided decades ago that this kind of conduct should carry real consequences.
You May Be Entitled to $500—or $1,500—Per Call or Fax
If you have received an unsolicited marketing robocall to your cell phone or an unsolicited advertisement by fax, you may be entitled to $500 in statutory compensation for each call or fax.
If the sender’s conduct was knowing or willful, that amount can be trebled to $1,500 per violation. Importantly, you do not need to show financial loss. The statute recognizes that the intrusion itself is the harm.
The Telephone Consumer Protection Act (TCPA)
The federal Telephone Consumer Protection Act (TCPA) was enacted to curb abusive telemarketing practices and protect consumer privacy.
In broad terms, the TCPA:
- Prohibits unsolicited marketing robocalls to cell phones using prerecorded or artificial voice messages
- Restricts the sending of unsolicited advertisements to fax machines
- Applies to companies and individual senders alike
- Authorizes statutory damages of $500 per violating call or fax, with treble damages for knowing or willful violations
- Allows individual recipients to sue directly to recover damages
Because damages are assessed on a per-communication basis, repeated robocalls or fax blasts can result in substantial liability. The Federal Trade Commission and the Federal Communications Commission both provide consumer resources on reporting and stopping unwanted calls. These cases may also be pursued as class action or mass tort claims when the same sender has targeted large numbers of recipients — learn more about our approach to handling class action suits.
If You Believe You’ve Been Targeted
If you believe you are a recipient of unsolicited marketing robocalls or junk faxes, you may have enforceable rights under federal law. Our Illegal Junk Fax & Spam Call practice handles exactly these types of claims, and our broader Consumer Protection team is experienced in pursuing statutory remedies on behalf of individuals. You can also visit our FAQ page for answers to common questions about how these cases work.
Anyone who believes they may qualify for statutory compensation under the TCPA is encouraged to contact the Firm to discuss whether a claim may be available.
Think You Have a TCPA Claim? Let’s Talk.
Unwanted robocalls and junk faxes aren’t just annoying—they may entitle you to real money under federal law. HSGLaW represents individuals nationwide in TCPA claims, and there is no fee unless we recover for you.
