Cell Phone Robocalling and Texting

The Telephone Consumer Protection Act (TCPA) was signed into law in 1991 and addresses complaints by consumers who received unwanted telemarketing calls and faxes. TCPA requires that solicitors honor individuals who have asked to be placed on the National Do Not Call Registry and regulates the time period during which a solicitor may make phone calls or texts. However, despite the extensive federal limitations on solicitor actions, solicitors continue to break TCPA, harassing consumers in the process.

Current TCPA Updates

Wells Fargo recently agreed to a $15.7 million settlement which would compensate 3.38 million members of a class action, brought after Wells Fargo Dealer Services made collection calls regarding an auto retail installment sale contract.

While TCPA provides a level of protection to consumers throughout the country, it has proven to not be enough. Certain loopholes exist, including exemptions for government contractors. Legislators have observed this issue, and as recently as March 2017, have introduced legislation aimed at cracking down on robocalls from government contractors and federal debt collectors. The legislators introduced this legislation, noting that if private businesses are prohibited from harassing consumers, government contractors should be held to the same standard.


Consumers who have received robocalls or texts in violation of TCPA are entitled to bring a claim either individually or as a class action. Consumers who bring a claim against a company which violated TCPA may be able to recover up to $500 for each individual violation of the National Do Not Call registry. Consumers may additionally receive up to $1,500 per robocall or text where the company contacted the consumer after the individual notified the company of their desire to opt out. Many TCPA actions are brought as part of a larger class action lawsuit, allowing consumers to join together on a claim.

If you have been a target of ongoing robocalls, it is important to keep in mind the rights protected under TCPA, including the methods which robocalls and telemarketers use to get ahold of you. Robocalls and texting cannot occur late in the evening or early in the morning, and cannot occur once someone has been placed on the national Do Not Call Registry. The failure to abide by these federal rules could result in penalties against the company by hundreds of people who were victims of the same marketing scheme. If you think a telemarketing company has breached the federal laws under TCPA, speak with a consumer protection attorney who can analyze the details of your case.

Rodal Law | Florida Consumer Protection Attorney

If you have been the victim of persistent robocalling and texting, it is important to understand your rights as related to these actions. Companies are prohibited from engaging in these types of actions. An experienced consumer protection attorney at Rodal Law will assist you in determining whether you are entitled to bring a claim for these actions. Contact our south Florida office near Broward and Miami-Dade county today for your initial free consultation.