The quick takeaway
If you’re getting repeated robocalls or spam texts, the Telephone Consumer Protection Act (TCPA) may provide protections in certain situations—especially when calls or texts are made using automated systems or prerecorded messages without proper consent. Your best first step is to save the messages and build a clean record.
What the TCPA is (in plain English)
The TCPA is a federal law that restricts certain telemarketing calls and texts. It doesn’t stop all unwanted calls, but it can apply when:
- Calls use prerecorded or artificial voice messages
- Calls/texts are made with certain automated dialing technology
- The caller lacks required consent
- Calls/texts ignore opt-out requests
TCPA rules can be technical, and the details matter.
What types of calls/texts can raise TCPA issues?
Examples that may be relevant:
- “You’ve been pre-approved…” prerecorded messages
- Repeated texts from a marketing number after you reply STOP
- Calls to your cell phone from a telemarketer using automated systems
- Calls to numbers on the National Do Not Call Registry (in some circumstances)
Not every annoying call is a TCPA case, but patterns matter.
The evidence checklist (do this now)
Save and screenshot
- The full text message thread
- The phone number or short code
- Date/time stamps
- Any opt-out attempt (STOP, UNSUBSCRIBE)
- Any confirmation text you receive
For calls
- Save voicemails
- Screenshot call logs showing frequency
- Note whether the call was prerecorded
- Record what was said (write it down immediately)
Keep a simple “spam log”
- Date/time
- Number
- Type: call or text
- Content summary
- Whether you opted out
Consent: the issue that often decides cases
Many TCPA questions come down to consent:
- Did you give your number?
- Did you agree to receive marketing texts/calls?
- Was consent buried in fine print?
- Did you revoke consent (and did they keep contacting you)?
If you signed up online, save:
- The webpage screenshot (if possible)
- The terms you agreed to
- Confirmation emails
What to do if you want the calls to stop (practical steps)
- Reply STOP to texts (and screenshot it)
- Use your phone’s “Report Junk” feature
- Block the number (after you’ve saved evidence)
- Consider a call-blocking app
- Register your number on the National Do Not Call Registry
These steps can reduce volume, and your documentation can preserve your options.
What not to do
- Don’t delete the messages if you may want legal advice
- Don’t click suspicious links
- Don’t share personal info with unknown callers
If you’re receiving repeated robocalls or spam texts and you’ve saved the messages and call logs, Ginsburg Law Group, PC can review your documentation and help you understand whether TCPA protections may apply. A quick review can help you decide your next best step.
