TCPA

One Mistake Could Ruin Your TCPA Claim—Here’s What to Save

If you’re getting repeated robocalls or spam texts, you’ve probably tried blocking numbers, reporting spam, and hoping it stops. Sometimes it does. Often it doesn’t.

The Telephone Consumer Protection Act (TCPA) is a federal law that restricts certain automated calls and texts. Whether a specific situation qualifies depends on facts like consent, the type of system used, and what was sent. The best thing you can do right now is preserve evidence.

First: don’t delete your evidence

Before you mass-delete texts or clear your call history, pause. Your phone is often the best record of what happened.

What to document (practical evidence list)

1) Screenshots of texts

For each spam text thread, capture:

  • The phone number or short code
  • The date/time stamps
  • The full message content
  • Any opt-out language (like “STOP”)

Tip: Take a screenshot that shows the top of the thread (number) and a few messages with timestamps.

2) Call logs and voicemails

  • Screenshot your recent calls showing repeated attempts
  • Save voicemails (export audio if possible)

3) Consent details (this is huge)

Write down:

  • Did you ever give your number to the company?
  • Was there a checkbox online?
  • Was consent bundled into terms?
  • Did you revoke consent (and when)?

If you filled out a web form, try to find:

  • Confirmation emails
  • Screenshots of the form (if you have them)
  • Any privacy policy/terms you agreed to

4) Your “stop request” attempts

If you replied “STOP” or told them to stop calling:

  • Screenshot it
  • Note the date/time
  • Save any confirmation message

What to stop doing (common mistakes)

Mistake 1: Engaging with the spammer

Avoid arguing or clicking links. If you need to opt out, use the standard opt-out method (like replying “STOP”)—but don’t click unknown links.

Mistake 2: Assuming one block fixes it

Robocallers rotate numbers. Blocking helps your sanity, but keep documenting.

Mistake 3: Waiting months to gather proof

Evidence is easiest to collect while it’s happening.

Quick checklist: your TCPA evidence folder

  • Screenshots of text threads (with timestamps)
  • Screenshot of call log showing frequency
  • Voicemail audio files (if any)
  • Notes about consent (how/when your number was provided)
  • Notes about revocation/opt-out attempts
  • Any related emails or account screenshots (no passwords)

When to get legal help

Consider a legal review if:

  • Calls/texts are frequent and ongoing
  • You asked them to stop and it continued
  • The messages appear to be marketing/solicitation
  • You’re receiving calls for someone else repeatedly

7A consumer attorney can help evaluate whether the facts fit within TCPA protections and what next steps make sense.

If robocalls or spam texts won’t stop, Ginsburg Law Group, PC can review your documentation and help you understand your options under consumer protection laws. Contact us for a free case evaluation.

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