The federal law that restricts automated and prerecorded calls and texts to your phone, gives you a Do Not Call right, and lets you sue for a fixed amount per illegal call.
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The Telephone Consumer Protection Act restricts three things: calls or texts to a mobile phone made with an automatic telephone dialing system or an artificial or prerecorded voice without the called party's prior express consent; prerecorded telemarketing calls to residential lines; and telemarketing calls to numbers on the national Do Not Call Registry. It is one of the few consumer statutes that a consumer can enforce directly, for a fixed statutory amount per violating call or text - increased for willful violations - with no need to prove any loss.
Consent is the center of most disputes. Giving a business your number does not by itself consent to automated marketing; for telemarketing robocalls the consent must be in writing, and consent can be revoked by any reasonable means. Calls from debt collectors, banks and health-care providers are covered too, though under different consent rules from marketers, and some categories - emergency calls, certain government calls - are exempt.
What counts as an "automatic telephone dialing system" narrowed considerably after the Supreme Court read the definition to require equipment that generates numbers randomly or sequentially, which most modern dialers do not; prerecorded-voice and Do Not Call claims were unaffected and now carry most of the enforcement weight. The Registry itself is free, a registration does not expire, and a marketer must honor it and keep its own internal do-not-call list on request.
Keep the evidence first - the numbers, dates, screenshots of texts, and any record of telling the caller to stop - because a claim is built call by call. A lawyer can tell you which of the three prohibitions the calls fall under and whether the caller can be identified and reached, which is the practical limit on many of these cases; a caller spoofing a number from abroad is not a defendant anyone can serve.
Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.
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Other entries in the same area of law, each written from the same primary sources.