If you’re getting nonstop spam calls or texts—“final notice,” “you’ve been approved,” “your package is delayed,” “we’re calling about your warranty”—you’re not alone.
The Telephone Consumer Protection Act (TCPA) is a federal law that restricts certain robocalls and automated texts. The details depend on consent, the type of message, and how the calls/texts were sent.
This post focuses on what consumers can do right now: how to document, how to reduce risk, and how to avoid common traps.
What the TCPA is (high level)
The TCPA can apply to:
- Certain automated calls (including some prerecorded voice messages)
- Certain automated texts
- Calls/texts made without required consent
- Calls to numbers on the National Do Not Call Registry (in some situations)
Not every unwanted call is a TCPA violation, and outcomes depend on the facts. But good evidence is the starting point.
Step one: don’t “fight spam” in a way that creates new problems
Some spam campaigns are designed to:
- Confirm your number is active
- Trick you into clicking malicious links
- Get you to provide personal information
So, before you engage:
- Don’t click links in suspicious texts
- Don’t provide your SSN, bank info, or login credentials
- Be careful about calling back unknown numbers
The evidence checklist (what to save)
1) Screenshots of the call/text
For texts:
- Screenshot the full message thread
- Include the phone number and timestamp
For calls:
- Screenshot your call log showing repeated calls
- Note whether calls are “No Caller ID” or spoofed
2) Voicemails
Save voicemails. If your phone allows, export them.
3) Your consent history (this is huge)
A key question is often: did you give permission, and if so, when and how?
Save:
- Web forms you filled out (screenshots if possible)
- Confirmation emails
- Terms you agreed to (especially checkboxes)
- Any “STOP” messages you sent and the response
4) Do Not Call registration proof
If you’re on the National Do Not Call Registry, note:
- The date you registered (if you know it)
- Any confirmation email or screenshot
5) Pattern evidence
A single call may not tell the story. Patterns do.
Create a simple log:
- Date/time
- Number displayed
- Type (call/text)
- Content summary
- Any response you sent (e.g., STOP)
What to do if you previously gave consent
Sometimes consumers gave consent years ago—or didn’t realize a checkbox authorized marketing texts.
Practical steps:
- Reply STOP to marketing texts (if it appears legitimate)
- Save the confirmation message
- Block the number after you document
- Review your recent online forms and subscriptions
What to do if the messages are clearly scams
If the message is trying to steal information (bank “fraud alert” from a random number, gift card demands, etc.), your priority is safety:
- Don’t engage
- Document the message
- Block and report through your carrier/phone tools
Practical checklist: your next 48 hours
- Screenshot your call log and any spam text threads.
- Save voicemails.
- Write down where you think your number may have been shared (recent forms, purchases, lead sites).
- If you’re comfortable, reply STOP to legitimate marketing texts and save the response.
- Block numbers after documenting.
- Keep a running log for at least 2 weeks to capture the pattern.
When it’s time to talk to a consumer lawyer
If you’re getting repeated automated calls/texts, especially after opting out, a legal review can help you understand whether the facts support a claim and what documentation is most useful.
Get a free case evaluation with Ginsburg Law Group, PC. We’ll review your screenshots, call logs, and consent history and explain your options.
