Why documentation is everything with robocalls/texts
The Telephone Consumer Protection Act (TCPA) is a federal law that restricts certain automated calls and texts. Whether a claim exists depends heavily on the facts—especially what you received, when, and whether you consented.
This post is not legal advice, but it will help you build a clean record.
Step 1: Identify what kind of messages you’re getting
Different rules may apply depending on whether the messages are:
- Marketing/promotional
- Debt collection
- Informational (appointments, fraud alerts)
- Political
Also note whether they are:
- Calls with a recorded voice
- Calls with silence or a “click” before a person comes on
- Text messages (including short codes)
Step 2: Save the evidence (TCPA documentation checklist)
Create a folder and save:
- Screenshots of each text (include date/time and the number)
- Call logs showing repeated calls
- Voicemails (download or forward to email)
- Any opt-out attempts (e.g., you replied “STOP”)
- Any confirmation messages after opting out
- Notes about what you were doing when the call came in (helpful for pattern)
Tip: If your phone allows it, export call history periodically so you don’t lose older entries.
Step 3: Document consent (or lack of consent)
Consent is often the key issue. Save:
- The form where you entered your number
- The webpage screenshot (if you can)
- Any “terms and conditions” you agreed to
- Emails confirming sign-ups
- Evidence you changed your number or never had an account
If you revoked consent, document:
- The date/time you told them to stop
- The method (text “STOP,” email, phone call)
- Any response you received
Step 4: Watch for “wrong number” situations
If you’re getting calls for someone else:
- Save messages that name the other person
- Keep notes of how many times you told them it’s a wrong number
- Save any letters/emails that show they have the wrong contact info
Step 5: Be cautious with third-party “claim checkers”
Some websites promise quick payouts. Be careful about:
- Uploading personal data
- Signing broad authorizations
- Paying upfront fees
If you’re unsure, talk to a consumer protection attorney first.
If robocalls or repeated texts won’t stop, Ginsburg Law Group, PC can review your call/text history and help you understand whether the TCPA may apply to your situation. Contact us for a free case evaluation – 855-978-6564.
