TCPA

TCPA Robocalls and Unwanted Texts: What Counts as Illegal and How to Build a Strong Record

Minimalist workspace: smartphone, open notebook, pen, and a white mug on a wooden desk with a plant in the background.

Why the TCPA matters

The Telephone Consumer Protection Act (TCPA) is a federal law that restricts certain robocalls and texts. Many consumers feel stuck because the calls keep coming—and they’re not sure what proof they need.

Good documentation can make a huge difference.

What may violate the TCPA (high-level)

Depending on the situation, TCPA issues can include:

  • Robocalls to cell phones using an automated system without proper consent
  • Prerecorded voice messages without proper consent
  • Unwanted marketing texts
  • Calls/texts after you asked them to stop
  • Calls to numbers on the Do Not Call list (in some contexts)

Every case is fact-specific, and rules can vary by call type and consent.

Consent: the core issue

Most TCPA cases turn on consent:

  • Did you give your number?
  • Did you agree to be contacted?
  • Was consent revoked (you told them to stop)?
  • Was the contact marketing vs. informational?

What to document (your TCPA evidence kit)

Create a folder and keep:

  • Screenshots of call logs and text threads
  • Voicemails (download if possible)
  • The exact date/time of each call/text
  • The number used and any caller ID name
  • Notes on what you said (especially “stop” requests)
  • Any forms where you provided your number (loan apps, online purchases)

Practical checklist: how to revoke consent clearly

If you want them to stop, be direct:

  • Text: “STOP” (if it’s a text campaign)
  • Email: “I revoke consent to contact this number.”
  • Phone: “Do not call or text me again. Remove my number.”

Then document it:

  • Screenshot your “STOP” message
  • Save confirmation messages
  • Note the date/time of your request

Common mistakes

  • Deleting texts because they’re annoying (save them)
  • Blocking the number too early (you can block later; first gather evidence)
  • Assuming one “STOP” works across multiple numbers/entities
  • Not keeping proof of how your number was provided

What to do if the calls keep coming

  • Keep logging calls/texts for at least a few weeks
  • Identify patterns (same company, multiple numbers)
  • Save any messages that identify the business
  • Consider a written demand through counsel if appropriate

When to talk to an attorney

Consider legal help if:

  • You’re getting repeated calls/texts after you opted out
  • You’re receiving prerecorded messages
  • The calls are affecting your work, sleep, or peace of mind

Get a free case evaluation to review your call/text log and discuss next steps.

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