If you’ve been getting nonstop robocalls or unwanted marketing texts, you may have heard:
“You can get $500 per call.”
“It’s $1,500 if it’s willful.”
But how does that actually work?
Let’s break down how Telephone Consumer Protection Act (TCPA) damages are calculated — and what that means for you.
What Is the TCPA?
The Telephone Consumer Protection Act (TCPA) is a federal law that restricts:
- Robocalls
- Prerecorded voice calls
- Auto-dialed calls
- Unwanted marketing texts
- Calls to cell phones without consent
It allows consumers to sue companies that violate the law.
The Basic Rule: $500 Per Violation
Under the TCPA, a consumer can recover:
$500 per call or text that violates the law
Each unlawful call or text message can count as a separate violation.
For example:
- 10 illegal robocalls = up to $5,000
- 25 illegal marketing texts = up to $12,500
- 100 illegal calls = up to $50,000
It adds up quickly.
When Does It Become $1,500 Per Call?
If the violation is found to be “willful” or “knowing,” the court may award:
Up to $1,500 per call or text
That’s triple damages.
Willful generally means the company:
- Knew it did not have consent
- Continued calling after you revoked consent
- Ignored a STOP request
- Used illegal robocalling practices knowingly
Not every case qualifies for $1,500 — but many do when companies repeatedly ignore opt-out requests.
Common TCPA Violations That Trigger Damages
Here are examples where damages may apply:
1️⃣ Texts After You Replied STOP
If you texted “STOP” and the messages continued, each additional message may count separately.
2️⃣ Robocalls Without Consent
Automated or prerecorded calls to your cell phone without prior express consent.
3️⃣ Marketing Calls Using Auto-Dialers
Companies using automatic dialing systems to call cell phones without proper authorization.
4️⃣ Calls to a Reassigned Number
If you got a new number and the company kept calling for someone else.
5️⃣ Do Not Call List Violations
Telemarketing calls despite being on the National Do Not Call Registry.
Is It Really “Per Call”?
Yes — generally, damages are calculated per unlawful call or text.
However:
- Courts analyze whether each communication qualifies as a separate violation.
- Some cases involve legal disputes about what counts as an auto-dialer.
- Proof matters — screenshots, call logs, and timestamps are important.
Documentation can significantly affect the strength and value of a case.
Do You Have to Prove Actual Harm?
No.
One of the powerful aspects of the TCPA is that:
You do not need to prove actual financial loss.
The law provides statutory damages, meaning the $500 (or $1,500) amount is built into the statute.
That said, if you suffered additional harm (for example, business disruption or privacy invasion), that may also factor into a case.
Are Attorney Fees Included?
Unlike some consumer laws, the TCPA does not automatically require the defendant to pay attorney fees in every case.
However, many TCPA attorneys:
- Offer free consultations
- Work on contingency in certain cases
- Evaluate claims at no upfront cost
The facts of the case determine viability.
What About “Scam Calls”?
Many scam calls originate overseas or from untraceable sources, which can make recovery difficult.
However, TCPA claims often involve:
- Legitimate businesses
- Lead generators
- Telemarketing companies
- Insurance or warranty marketers
- Solar, home improvement, or auto warranty companies
Identifying the actual sender is key.
How TCPA Damages Add Up: Example
Let’s say you received:
- 18 marketing texts after replying STOP
- 6 prerecorded robocalls
That’s 24 potential violations.
At $500 each:
- $12,000 possible statutory damages
If deemed willful at $1,500 each:
- Up to $36,000
The difference between ordinary and willful violations can be significant.
Frequently Asked Questions
Is it automatically $1,500 per call?
No. $1,500 applies if the violation is willful or knowing. Otherwise, it’s $500 per violation.
Do I need to send a demand letter first?
Not necessarily, but it can sometimes be part of a strategy depending on the situation.
What if I gave consent once?
Consent can sometimes be revoked. Continuing to call after revocation may create liability.
How long do I have to file a TCPA claim?
There are statute of limitations considerations that vary based on circumstances. It’s important to act promptly.
The Bottom Line
Under the TCPA:
- $500 per unlawful call or text is the baseline.
- Up to $1,500 per call or text may apply if the violation is willful.
- Each call or message can count separately.
If you’re receiving repeated robocalls or texts — especially after telling the company to stop — you may have legal options.
