TCPA violations, auto-dialer harassment, and how to sue for $500-$1,500 per call.
The TCPA prohibits debt collectors from using auto-dialers, robocalls, or prerecorded messages to call your cell phone without your prior express consent.
Damages: $500 per violation (per call). Willful violations: $1,500 per call. No cap on total damages.
Key difference from FDCPA: The TCPA has no $1,000 cap. 100 illegal calls = $50,000-$150,000 in potential damages.
Statute of limitations: 4 years from the violation (federal claim).
The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, was enacted in 1991 to protect consumers from unwanted automated calls, faxes, and text messages. The Federal Communications Commission (FCC) enforces the TCPA, and consumers have a private right of action to sue in state or federal court.
The TCPA applies to text messages just like voice calls. An automated text message (or even a manual text sent using stored numbers) can be a TCPA violation if you didn't consent. Each text = separate violation = $500-$1,500.
| Feature | TCPA | FDCPA |
|---|---|---|
| Governing law | 47 U.S.C. § 227 (FCC) | 15 U.S.C. § 1692 (FTC/CFPB) |
| Statutory damages | $500-$1,500 per call | Up to $1,000 per lawsuit |
| Damages cap | None (uncapped) | $1,000 per lawsuit |
| Statute of limitations | 4 years | 1 year |
| Covers original creditors? | Yes (all callers) | No (third-party collectors only) |
| Consent can be revoked | Yes (orally or in writing) | Yes (in writing for cease contact) |
| Applies to cell phones only? | Mostly yes (auto-dialer rules) | All phone types |
The Supreme Court's 2021 decision in Facebook, Inc. v. Duguid narrowed the definition of an Automatic Telephone Dialing System (ATDS). Here's what qualifies:
An ATDS must have the capacity to:
Before Duguid, any equipment that stored numbers and dialed them automatically could be an ATDS. After Duguid, the system must use random or sequential number generation. This excluded many dialers that simply store specific numbers (like a CRM system).
However, predictive dialers, power dialers, and rapid dialers used by debt collectors may still qualify as ATDS depending on their specific functionality.
| Dialer Type | How It Works | Likely ATDS? |
|---|---|---|
| Predictive Dialer | Uses algorithms to predict agent availability and dials multiple numbers simultaneously | ✅ Likely yes (uses sequential/predictive generation) |
| Power Dialer | Dials one number per available agent automatically from a list | ⚠️ Depends on specific implementation |
| Preview Dialer | Shows agent the number before dialing; agent initiates call | ❌ Likely no (agent initiates) |
| Click-to-Call | Agent clicks a button to dial a stored number | ❌ No (agent initiates each call) |
| Robocall System | Plays prerecorded message without agent involvement | ✅ Yes (separate TCPA violation) |
| Rapid Dialer | Quickly dials numbers from a list, detecting voicemails/answering machines | ⚠️ Depends on implementation |
If a collector uses an ATDS to call your cell phone and you never gave prior express consent (or revoked consent), each call is a $500-$1,500 violation.
Prerecorded messages require prior express written consent. A verbal agreement isn't enough. "This is a debt collection call..." recordings are common violations.
You can revoke TCPA consent orally or in writing. If you say "stop calling my cell phone" and they continue, subsequent calls are violations.
Text messages are "calls" under the TCPA. Automated collection reminders, payment links, or threat texts without consent are violations.
If you tell a collector they have the wrong number and they keep calling, each subsequent call is a TCPA violation (in addition to FDCPA harassment).
If you got someone else's old number and collectors won't stop calling about the previous owner's debt, that's a TCPA violation. FCC maintains a reassigned number database collectors should check.
| Violation Type | Damages Per Call |
|---|---|
| Standard TCPA violation (negligent) | $500 |
| Willful or knowing violation | $1,500 |
| No cap on total damages | Uncapped |
Example: 50 illegal calls × $500 = $25,000. If willful: 50 × $1,500 = $75,000.
| Case | Settlement | Violations |
|---|---|---|
| Perez v. Gatestone & Co. (2022) | $3.2 million | Predictive dialer calls to cell phones |
| Thompson v. Retrievers & Associates (2021) | $850,000 | Robocalls without consent |
| Sanchez v. CACH LLC (2020) | $550,000 | Auto-dialed calls after consent revoked |
| Williams v. Encore Capital Group (2023) | $2.1 million | Systematic autodialer use on portfolio debts |
Unlike the FDCPA's $1,000 cap, TCPA damages multiply with each call. A collector making 100 illegal calls faces $50,000-$150,000 in exposure. This makes TCPA cases highly attractive to consumer attorneys — most take them on contingency with no upfront cost.
Keep a detailed call log:
Request call detail records from your carrier. These prove incoming calls from the collector's numbers. Some carriers let you download this online; others require a written request.
If you ever gave consent (e.g., on a credit application), revoke it in writing: "I revoke any prior consent for calls to my cell phone [number]. All future calls must be to [alternate number] or in writing." Send via certified mail.
Find a consumer rights attorney experienced in TCPA litigation. The TCPA allows recovery of attorney's fees, making these cases viable on contingency. Use NACA's directory: consumeradvocates.org
TCPA claims can be filed in either forum. Federal court is common for larger cases. Your attorney will file a complaint alleging TCPA violations and demand statutory damages.
Collectors face massive exposure from uncapped TCPA damages. Most cases settle for 30-60% of potential damages before trial. Typical TCPA settlements: $5,000-$50,000 for clear violations with 10-50 illegal calls.
Send via certified mail with return receipt requested — this proves they received your revocation.
File a complaint with the Federal Communications Commission:
The FCC doesn't resolve individual cases but uses complaints for enforcement patterns.
While this won't stop debt collectors (they're exempt), it stops telemarketers:
Most carriers offer free call blocking:
Our free Debt Validation Letter Generator helps you dispute debts and demand collectors stop illegal contact — including TCPA-violating calls.
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