The TCPA allows for you to bring a lawsuit against a party that calls or text messages you using a prerecorded voice or autodialing system, or sends you a commercial fax, without your prior express consent. Damages under the TCPA can range from $500 to $1,500 per call, text or fax. The rules differ for cell phones, landlines, and faxes, so please see the charts below (desktop version only) and/or fill out the form.
Please keep in mind that, like in any legal proceeding, results are not guaranteed. The “per violation” numbers listed on this page are the amounts provided for by the relevant statutes, but actual recovery, if any, may be less.
If you think you might have a claim, head on over to our new TCPA-focused website Stop Calling Me and click “Do You Have a Case?” (Or just click here). Consultations are free. We only get paid if you get paid.
Calls/Texts to Cell Phones
- A call to your cell phone
- Using:
- A prerecorded voice; or
- An artificial voice; or
- An auto-dialer;
- Without your prior express consent.
– OR –
- An automated text message;
- To your cell phone;
- Without your prior express consent.
Calls to Landlines
- A commercial (i.e. telemarketing) call;
- To your landline;
- Using:
- A prerecorded voice; or
- An artificial voice; or
- Without your prior express consent.
Junk Faxes
- A commercial (i.e. advertisement) fax;
- Sent to you or your business (includes efax services);
- Without:
- Your prior express consent; or
- An exisiting business relationship.
“Prior express consent” typically means:
- Non-commercial communications (i.e. purely informational, such as a balance alert): oral or written consent
- Commercial communications: Written consent.
Consent may be revoked, even if you had previously given any of the above forms of consent.
* These amounts require you to prevail in your lawsuit. If you lose, the amount would be $0.
** This range applies in New Jersey, which has a separate statute relating to junk faxes in addition to the TCPA, increasing the range of possible damages.
