TCPA: How to Sue Telemarketers for $500 to $1,500 Per Call

You can sue telemarketers for $500 per illegal call or text. The law that makes this possible is the Telephone Consumer Protection Act (TCPA). If the caller broke the law on purpose, that jumps to $1,500 per call. You do not need a lawyer. You can file a TCPA lawsuit in small claims court. And if you get five robocalls a week? That could mean thousands in your pocket.

The TCPA is one of the best consumer laws in the country. It puts power in your hands, not some agency that might act in six months. You are the one who files. You are the one who gets paid.

Most people have no idea this law exists. They get the calls. They grumble. They move on. But the TCPA gives you a real way to stop robocalls with legal action. It lets you sue the caller and get paid.

This guide shows you how to sue telemarketers under the TCPA, step by step. From building your case to filing in small claims court, here is everything you need.

What Is the TCPA?

The TCPA (47 U.S.C. Section 227) is a federal law from 1991. It bans companies from calling or texting you with a robocall or recorded voice unless you said yes first.

It covers cell phones and landlines. It covers texts too. If a company uses a machine to call you, they need your OK. No OK? They broke the law.

Here is the best part. The TCPA has teeth. You can sue the caller on your own. No need to prove you lost money. No need to show harm. The law says $500 per call. Period.

And if they knew it was illegal and did it anyway? A court can bump that to $1,500 per call.

What Counts as a TCPA Violation?

Not every bad call breaks the law. But many do. Here are the main types.

Robocalls Without Your OK

A company uses a machine to call or text your cell phone. They never asked you first. That is a TCPA $500 per call violation. It does not matter what they were selling. No consent means no legal right to call.

Recorded Voice Messages

Those calls where a robot talks about your car warranty? A free cruise? A fake debt? Each one is a separate violation. The law bans recorded voice calls without your consent.

Calls After You Said Stop

You told them to stop. They called again. Every call after that is a willful violation. That means $1,500 per call instead of $500. This is the fastest path to a big payout.

Do Not Call List Violations

Your number is on the National Do Not Call Registry. A telemarketer calls you anyway. That is a violation too. The rule: you must be on the list for 31 days. And they must call at least twice in 12 months. Each call after the first is worth $500.

Calls at Bad Hours

No calls before 8 a.m. or after 9 p.m. in your time zone. Any call outside those hours breaks the law.

Texts From Numbers You Never Gave Out

Got a text about a sale, a loan offer, or a political campaign? If you never gave that company your number, that text is a TCPA violation. Texts count the same as calls. Each one is worth $500. Many people get dozens of spam texts per month. That adds up to real money in a TCPA lawsuit.

How Much Money Can You Get?

The math is simple. It adds up fast. And the numbers might shock you.

Say a company called you 20 times after you said stop. That is 20 willful violations. At $1,500 each, that is $30,000.

Even five basic calls add up to $2,500. Most small claims courts cap cases at $5,000 to $10,000. So a few calls can max out your claim.

Big companies pay big TCPA settlements too. Capital One paid $75.5 million. Wells Fargo paid $30.5 million. Those were class actions where many people shared the pot. When you file on your own in small claims? You keep it all.

A stay-at-home dad named Nathen Barton made this his side hustle. He sued robocaller after robocaller in small claims. He made thousands. NPR called him a "spam call bounty hunter." You can do the same thing.

In another case, a woman in Texas got over 150 robocalls from her cable company about a bill she had already paid. She filed a TCPA case and won. The key was her call log. She had dates, times, and proof she asked them to stop. The company settled rather than go to trial.

These are not rare outcomes. Companies settle TCPA cases all the time because the law is clear. If they called without consent, they owe you money. It is that simple.

How to Build Proof for Your Case

Your case lives or dies on proof. If you want to sue a robocaller and win, you need solid records. Start now. Even if you are not ready to file yet.

Keep a Call Log

Write down every junk call or text. Note the date, time, phone number, and what happened. Did a robot voice play? Did you ask them to stop? Log it all. A simple note on your phone works.

Record the Calls

Many states let you record calls if you are one of the people on the line. Check your state's rules first. Apps like TapeACall or Rev make it easy. A recording is strong proof.

Save Screenshots

Screenshot your call history. Save texts from telemarketers. Save voicemail transcripts. If a company texts you out of nowhere, that screenshot is gold.

Keep Voicemails

Do not delete robocall voicemails. They prove a recorded message was used. That is a clear violation. Send them to your email so they do not get lost.

Get on the Do Not Call List

Go to donotcall.gov and add your number. It is free. Takes two minutes. After 31 days on the list, every sales call to your number is a violation. This makes your case way stronger.

How to Find Out Who Is Calling

Robocallers love to hide. They spoof numbers. They use shell companies. But you can track them down. You need the real company name before you can sue a robocaller for TCPA violations.

Reverse Phone Lookup

Try free tools like WhitePages, TrueCaller, or WhoCalledMe. Plug in the number. Sometimes you get the company name right away.

Pick Up and Ask

Next time a robocaller gets through, press the button to reach a live person. Ask for the company name and address. Write it down. They must tell you by law.

Check Your Phone Bill

Your carrier logs every call. Ask for detailed records. These can show the real number behind a spoofed call.

File FCC and FTC Complaints

Report the calls at consumercomplaints.fcc.gov and reportfraud.ftc.gov. These agencies track bad callers. Their data can help you find the company name.

Ask Your Carrier for Help

Send your carrier a written request. Ask for the caller's info for specific calls. They do not always help. But it is worth a try.

How to File a Telemarketer Lawsuit in Small Claims

Small claims court was made for cases like this. No lawyer needed. Low cost. Fast results.

Step 1: Pick Your Court

File in the small claims court where you live. You can also file where the company has an office. Read about what happens in small claims court so you know what to expect.

Step 2: Find the Company's Agent

Every company has a registered agent. Look it up on your state's Secretary of State website. Search the company name. Get their address. This is who you serve with papers.

Step 3: Fill Out the Forms

This is the easy part. Most court forms are one or two pages.

Get the small claims form from your courthouse or their website. Fill in your name, the company name, the amount, and why you are suing. Write something like: "Defendant broke the TCPA (47 U.S.C. 227) by calling me [X] times with a robocaller without my consent."

Step 4: Pay the Filing Fee

Fees run $30 to $75 in most states. Small price for a case worth $500 or more per call. Our guide on how to file a civil suit has more details.

Step 5: Serve the Company

You must deliver the papers to the company. This is called service. Use a process server, certified mail, or the sheriff. Our guide on how to serve court papers walks you through it.

Step 6: Show Up and Win

Bring your call log, screenshots, recordings, and Do Not Call proof. Many robocall companies never show up. If they skip court, you win by default. If they do show, let your proof do the work.

Small Claims vs. Federal Court

You have two paths for a TCPA lawsuit. Here is how they stack up.

Small Claims Court

Federal Court

For most people, small claims wins. It is fast and cheap. You can sue without a lawyer. Federal court only makes sense if you have hundreds of calls or want to join a class action.

How to Stop Robocalls for Good

Winning a TCPA lawsuit does more than put money in your pocket. It sends a signal. Companies that get sued stop calling. Not just you. They stop calling other people too.

Here is how to stop robocalls with legal action and make sure they stay gone.

Sue every violator. Do not just block the number and move on. If a company broke the TCPA, file a claim. The $500 per call penalty is meant to hurt. When companies pay, they change.

Report them everywhere. File with the FCC, the FTC, and your state attorney general. Every report adds to the paper trail. Some states act on repeat offenders based on how many complaints come in.

Use call blocking apps. Apps like Nomorobo, Hiya, and your phone's built-in spam filter cut down junk calls. They will not stop all of them. But they help you focus on the ones that get through. Those are your best cases.

Stay on the Do Not Call list. Keep your number at donotcall.gov. It does not stop every call. But every call you get after 31 days is a violation you can sue for.

Tell your friends. Most people have no idea they can get $500 per robocall. Share what you know. Help others fight back. That is how the culture shifts from "just block it" to "don't let it slide."

State Mini-TCPA Laws That Give You More Power

The federal TCPA is your base. But many states add their own rules on top. These "mini-TCPA" laws can mean extra money in your pocket. Here are some of the biggest ones.

Florida (FTSA)

Florida's law is one of the toughest. It caps contact at three tries per person per day. Fines are $500 per call. You can stack Florida and federal claims together.

California

California lets you sue in small claims for state Do Not Call violations. The state has strict consent rules that go beyond the TCPA.

New York

New York bans recorded sales calls without consent. Calling hours are 8 a.m. to 9 p.m. Violations give you a separate state claim on top of your TCPA case.

Texas

Texas passed SB 140 in 2025. It adds new limits on robocalls and gives you more ways to fight back.

Oklahoma (OTSA)

Oklahoma caps contact at three tries per day. Callers must say who they are. The state has its own fines on top of the TCPA.

No matter where you live, you have the federal TCPA. Check your state's laws too. You might be able to file both claims and get double the payout.

5 Mistakes That Kill TCPA Cases

Know what to avoid. These errors sink cases fast.

1. No proof. You need records. A judge will not take your word for 30 robocalls. Log every call with dates, times, and numbers. Start today.

2. You gave consent by accident. Read the fine print. Many websites have a box that says "I agree to get calls and texts." If you checked it, you said yes. That kills your claim against that company.

3. You waited too long. The TCPA has a four-year time limit. But proof fades fast. Recordings get deleted. Phone records expire. File while your proof is fresh.

4. You sued the wrong company. Robocallers spoof numbers and hide behind shell companies. Find the real company before you file. A fake name gets you nothing.

5. You asked for too much. Stay under your court's limit. If your state caps small claims at $10,000, do not claim $15,000. File a second case later if you need to.

What Happens After You File

Most telemarketer lawsuit small claims cases go one of three ways.

They settle. Many companies reach out before the court date. They know TCPA cases are hard to beat. A few thousand dollars is a common offer. You can take it or push for more.

They ghost you. If the company does not show up, you win by default. The judge gives you what you asked for. Then you collect.

They fight. Some show up and argue. They say you gave consent. Or they say the calls were not from a machine. This is where your proof matters most. Bring everything. Stay calm. Let the records speak.

When you are ready to take action, PettyLawsuit helps you put pressure on companies that owe you money. The platform handles the full process: notices, phone calls, follow-ups, and more. It is built to help you stop robocalls with legal action and hold companies to account. Learn how to sue a company in small claims court for a full walkthrough.

Frequently Asked Questions About TCPA Lawsuits

Can I really sue a robocaller for $500 per call?

Yes. The TCPA (47 U.S.C. Section 227) lets you sue for $500 per illegal call or text. Willful violations go up to $1,500 per call. You can file in small claims court on your own.

Do I need a lawyer to file a TCPA lawsuit?

No. Small claims court does not require a lawyer. You fill out a form, pay a small fee, and show your proof to a judge. Most people do it on their own.

How do I prove a TCPA violation?

Keep a call log with dates, times, and numbers. Save texts, screenshots, and voicemails. Record calls if your state allows it. Get on the Do Not Call list. More proof means a stronger case.

What is the time limit for TCPA claims?

Four years from the date of the call in most states. Some states give less time. File fast while your proof is still good.

Can I sue for unwanted text messages?

Yes. The TCPA covers texts sent by a machine. Each text is a separate violation worth $500. Willful texts are worth $1,500.

What if I do not know who called me?

Try a reverse phone lookup. Answer the next call and ask for the company name. Check your phone bill. File complaints with the FCC and FTC. Ask your phone carrier for caller details.

Can I file in any state?

Yes. The TCPA is federal. It works in all 50 states. File in the small claims court where you live or where the company does business.

What counts as an autodialer?

An autodialer is a system that stores or makes phone numbers and dials them on its own. The Supreme Court narrowed this in 2021 (Facebook v. Duguid). The system must be able to make random or sequential numbers to count.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. PettyLawsuit is a self-help legal technology platform, not a law firm. We do not provide legal representation or legal advice. Every situation is different. If you need legal advice, consult a licensed attorney in your jurisdiction.