- Boating Accident Resources
- Car Accident Resources
- Commercial Vehicle Accident Resources
- Construction Accident Resources
- Consumer Protection Resources
- Dog Bite Resources
- Firm News
- Motorcycle Accident Resources
- Personal Injury Resources
- Premises Liability Resources
- Product Liability/Mass Tort Resources
- Referral Resources
- Slip and Fall Resources
- Truck Accident Resources
- Uncategorized
- Worker's Compensation Resources
- Wrongful Death Resources
Frequently Asked Questions
$500 per illegal call or text for standard TCPA violations, and up to $1,500 per illegal call or text for willful or knowing violations. These are statutory damages, meaning the law dictates the dollar amount. You don’t need to prove specific financial harm to receive them. And because damages are “per contact,” a pattern of illegal calls can add up to a substantial total.
Potentially. You could recover for each call that qualifies as a TCPA violation. However, not every unwanted call is illegal. The law focuses on calls made using automated dialing systems or prerecorded messages without the right consent. A free case review can help determine which calls may qualify.
A willful violation is one where the company knew its conduct violated the TCPA and did it anyway. Examples include continuing to call after being told to stop, using a lead list known to lack valid consent, or running a campaign despite prior TCPA complaints. Willful violations can result in up to three times the damages per violation.
Both allow for per-contact damages in similar ranges. The FTSA has its own consent requirements and procedural rules, including the STOP acknowledgment requirement for text message claims. In many cases, both federal TCPA and state FTSA claims can be brought together in the same case.
Common signs include a pause or click before anyone speaks, a prerecorded message playing immediately when you answer, or a high volume of calls from the same campaign in a short period. An attorney who handles TCPA cases can look at the calling pattern and, if a case is filed, demand records showing what kind of calling system the company used.
Most people who get hammered with robocalls assume the only move is to block the number and move on. What you may not know is that each one of those calls could be worth money, and under both federal and Florida law, the company making those calls could be held financially responsible for every single one.
So, how much can you get for illegal robocalls and spam texts? Here’s what those calls could be worth, what kind of calls are illegal, and what to save to start building your claim.
The Real Deal: How Much Can You Get for Illegal Robocalls & Spam Texts?
Illegal robocall and spam text damages could be $500 per call or text, and up to $1,500 if the company knew, or should have known, it was breaking the rules. The law calls this a “willful or knowing” violation. Because damages are counted per call and per text, even a short run of daily robocalls can add up.
Under the Telephone Consumer Protection Act, or TCPA, you may be entitled to these damages for unlawful robocalls, spam texts, prerecorded messages, or calls made without the right consent (47 U.S.C. § 227(b)(3)). Florida’s Telephone Solicitation Act (FTSA) carries a similar structure and may provide additional protection for Florida consumers (Fla. Stat. § 501.059).
The company doing the calling and texting pays attorney’s fees. You pay nothing.
Why Every Illegal Call or Text Is Important
TCPA damages are calculated individually for each illegal contact:
- 10 illegal calls at $500 each = $5,000 in potential statutory damages
- 10 illegal calls at $1,500 each (willful) = $15,000 in potential statutory damages
- Those numbers apply to texts as well, not just voice calls
For someone receiving multiple calls or texts per day over several weeks, the amount the company may owe can add up quickly. That’s one reason companies that run large calling or texting campaigns take legal claims seriously when brought by attorneys who know what they’re doing.
$500 vs. $1,500 Per Call
Standard Violations: $500 per call or text
This is the base statutory damages amount for using an automated dialing system without the right consent, sending prerecorded messages without permission, or ignoring opt-out requests.
Willful Violations: Up to $1,500 per call or text
Courts may triple standard damages when a company’s conduct was “willful or knowing.” That includes:
- Continuing to call after being told to stop
- Using a lead list they knew lacked valid consent
- Running a campaign despite prior legal complaints
How Florida Law Helps
Florida has its own robocall and spam text law. It can give Florida residents another way to bring a claim.
Florida’s Telephone Solicitation Act (Fla. Stat. § 501.059) covers telephonic sales calls to Florida residents. This includes calls, texts, and voicemail drops. It has its own damages structure and consent requirements that are, in some respects, stricter than the federal TCPA.
To seek money for spam texts under Florida law, the consumer must have sent a STOP reply and received an acknowledgment. So, if you’ve been texted and haven’t replied STOP yet, doing so now preserves your state-law options.
What Makes a Call or Text Illegal?
- Automated dialing systems. The TCPA restricts the use of autodialers to call or text cell phones without the right consent. If there’s a pause before someone speaks, or you hear a recorded message, the call may have used automated technology.
- Prerecorded messages. Using an artificial or prerecorded voice to call a cell phone without prior express consent may be illegal if you did not give the right consent.
- Ignored opt-outs. If you opted out and they kept calling or texting, that may be a separate violation.
- Missing or invalid consent. The TCPA requires specific, documented consent. Fine print in online forms, pre-checked boxes, and consent sold through lead generators may not qualify.
How to Document Your Calls for a Potential Claim: Step by Step
- Screenshot your full call log, including dates, times, and every phone number that called.
- Save voicemails in their entirety. Prerecorded messages are strong evidence that an autodialer was used.
- Screenshot text threads if texts were involved, including your STOP reply and any company confirmation.
- Note what the caller was selling and whether you recognize the company name.
- Write down whether you ever gave your number to any company connected to these calls.
- Note if numbers rotated. The same pitch from different numbers is still the same campaign.
- Contact a TCPA lawyer in Florida for a free case review. An attorney will evaluate which calls qualify under the TCPA and FTSA.
– you are in good hands!
You Didn’t Want the Calls. Now It’s Time for Real Accountability.
If you’ve been on the receiving end of robocalls or spam texts you never asked for, the law may give you real recourse to compensation. And it costs you nothing to find out if you have a claim.
Bernheim Kelley reviews TCPA, FTSA, and other consumer protection cases for FREE. Zero fees or costs to you. If we win, the company pays. Call 954-329-0440 or reach out to us online for a FREE case review.
