Telephone Consumer Protection Act (TCPA) Violations
The Telephone Consumer Protection Act (TCPA) of 1991 is the main federal law governing telephone solicitations and protecting consumers from unwanted, intrusive communications. It amended the Communications Act of 1934 to address telemarketing calls and practices, and created a National Do-Not-Call Registry that covers most telemarketers nationwide.
- September 15, 2026
- Key Takeaways
- Class action lawsuits group together many people’s similar complaints, making it easier and cheaper to sue large companies.
- Joining a class action usually doesn’t cost anything upfront; fees are taken from the settlement if the case wins.
- Class actions can prevent companies from repeating harmful actions by making them pay for their mistakes.
- If you join a class action, the decision affects everyone involved; if your case is different, you might choose to opt out.
- Class actions can take a long time to settle, but they aim to fairly represent everyone in the group.
Any person, business, or entity that conducts telephone solicitations, including voice calls, faxes, and texts, must be TCPA-compliant. When a business violates the TCPA, consumers may have the right to file a class action lawsuit to seek compensation.
What Counts as a TCPA Violation?
Unwanted calls are the Federal Communications Commission’s top consumer complaint, and certain unwanted communications are illegal under the TCPA. Specifically, the act restricts unsolicited advertisements by phone call and fax, as well as the use of auto-dialing systems and artificial or prerecorded voice messages (robo-calls). This includes AI technologies that generate human voices.
Robocalls Made Without the Required Consent
The FCC requires telemarketers to obtain a consumer’s prior written consent before making a prerecorded telemarketing call, and written or oral consent for texts. Prerecorded telemarketing calls have to provide opt-out options at the start of the message. AI-generated voice calls are illegal unless the consumer agrees to receive them or the caller is exempt.
Automated Marketing Texts Sent Without Permission
Text messages may fall within TCPA protections, as they are generally treated as phone calls subject to TCPA requirements. In most cases, promotional communications are subject to stricter consent requirements than informational messages.
Telemarketing Calls Made After Consent Was Revoked
Continuing to make covered calls or send covered texts after a consumer has clearly withdrawn consent may constitute a violation of the TCPA.
Calls to Numbers on the National Do Not Call Registry
Covered telemarketers generally may not call registered numbers unless an exemption, established relationship, or valid consent applies. The National Do Not Call Registry is a list of phone numbers that legitimate telemarketers agree not to call. Additionally, telemarketing calls are prohibited from 9 p.m. to 8 a.m.
Calls Made After a Company-Specific Do Not Call Request
Telemarketers are required to provide an automated, interactive opt-out mechanism during calls so consumers can immediately tell the telemarketer to stop calling. If a consumer directly tells a company to stop calling but continues to receive telephone solicitations, they may have grounds for a lawsuit.
Prerecorded Messages That Do Not Identify the Caller
Artificial or prerecorded messages are subject to identification and contact information requirements. Callers must provide their name, the company name, and a phone number or address to contact them again. In 2010, the TCPA was amended to prohibit the manipulation of caller ID information.
Unsolicited Fax Advertisements
Under the TCPA, advertisements may not be sent to fax machines without permission, though there are some exceptions and separate rules for fax communications.
How TCPA Class Action Lawsuits Work
By filing a class action lawsuit, groups of consumers affected by similar communications violations may pursue claims against a single company together. This makes it easier for consumers to seek redress for claims that would otherwise be too small to pursue in an individual lawsuit.
The TCPA class action lawsuit process begins when a group of people has been affected by similar violations by a company or other entity. Class action attorneys will then help define the class, request class designation, and handle negotiations or a jury trial to recover compensation for affected individuals.
How Much Compensation May Be Available for TCPA Violations?
The TCPA allows consumers to seek compensation for qualifying violations. Available damages depend on the type of claim and the circumstances:
- Robocall, text, and fax claims: Consumers may recover $500 per qualifying violation or their actual monetary loss, whichever is greater.
- Do-not-call claims: Consumers may recover up to $500 per qualifying violation or their actual monetary loss, whichever is greater. These claims generally require more than one violating call or text within a 12-month period by or on behalf of the same entity.
- Willful or knowing violations: A court may increase damages to as much as three times the otherwise recoverable amount. When based on the $500 statutory amount, this means up to $1,500 per violation. These enhanced awards, called “treble damages,” are discretionary, not automatic.
The TCPA has a private right of action that allows consumers to sue individually and in class actions. In 2019 and 2020, over 3,000 TCPA complaints were filed in federal court. Because the TCPA is a strict liability statute, there is no forgiveness or exception for unknowing or good-faith mistakes.
Notable TCPA Class Action Cases and Settlements
- O’Reilly Automotive (2026): O’Reilly Automotive agreed to settle claims over texts to reassigned numbers on the National Do Not Call Registry for up to $18.8 million, pending final court approval.
- ViSalus (2019): In 2019, a jury found that ViSalus, a nutritional supplement company, made approximately 1.85 million prerecorded telemarketing calls without the required prior express written consent, resulting in a $925 million damages award. The award reflected statutory damages of $500 per unlawful call. In 2022, a federal appeals court upheld the liability findings but directed the trial court to reconsider whether the damages award was unconstitutionally excessive. ViSalus later filed for Chapter 11 bankruptcy in December 2024, following years of litigation over the calls.
- Capital One (2014): Capital One and its collection vendors agreed to a $75.46 million settlement in 2014 over allegedly unlawful debt collection calls. Approved in February 2015, the settlement also required changes to Capital One’s automated calling practices.
- Indegene 2020: Indegene agreed to a $4.72 million class action settlement to resolve allegations of violating the federal Telephone Consumer Protection Act (TCPA). The lawsuit, titled Progressive Health and Rehab Corp. v. Indegene, Inc. in the U.S. District Court for the District of New Jersey, claimed that the healthcare solutions provider sent unsolicited commercial faxes to medical practices on or around February 7, 2020. These faxes offered healthcare professionals a $250 honorarium to participate in an anti-Parkinson’s disease medical record review, but they were allegedly distributed without obtaining prior express consent or including the mandatory TCPA opt-out notices.
Who May Be Responsible for Unlawful Calls or Texts?
In a TCPA class action lawsuit, liability may extend beyond the person who physically placed the communication, but determining the responsible entity can be legally complex. The following parties may be liable for TCPA violations, depending on the circumstances of the case:
- The business advertising its products or services: The seller whose products, services, or offers were promoted during the communication may be liable.
- A third-party telemarketing company: Companies frequently outsource calling and texting campaigns to outside vendors. In these cases, both the third party and the company that hired them may be liable.
- Lead generators and marketing affiliates: If a consumer’s contact information moves through comparison sites, lead marketplaces, or affiliate networks, those affiliates may be held liable for TCPA violations.
How Long Do You Have to Bring a TCPA Claim?
The statute of limitations for claims under the Telephone Consumer Protection Act is four years from the date of each specific violation. This four-year countdown resets every time you get an illegal call or text. You can also report illegal calls or texts to the FCC at any time, which may take enforcement action under the TCPA. If you believe you may have a TCPA claim, seek legal advice promptly to avoid missing the deadline.
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What Should Consumers Do If They Receive Unwanted Calls or Messages?
If you receive unwanted calls or messages from a company, telemarketing service, or other entity, save all relevant call logs, text messages, voicemails, screenshots, and other communication records. Documenting who made the communication and why is extremely important if you decide to take legal action. Check out our class action claim-ready checklist to learn what evidence you may need to file a claim, and view our active news feed to see whether you may qualify to join an existing lawsuit.
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