TCPA Violations Explained: The Most Common Ways Companies Break the Law

The Telephone Consumer Protection Act (TCPA) is one of the most-violated consumer laws in the country. Understanding what actually counts as a violation is the first step toward stopping the calls — and collecting the $500 to $1,500 the statute pays per illegal contact.

1. Robocalls to Cell Phones Without Consent

Any prerecorded or artificial-voice call placed to a cell phone requires the recipient's prior express consent. That standard is high: consent must be specific to the caller and the type of message. Buying a lead list is not consent. A checked box buried in a website's fine print typically isn't either. Every unauthorized robocall is a separate $500 violation — $1,500 if the caller knew or should have known it was illegal.

2. Autodialed Calls and Texts to Cell Phones

The TCPA restricts calls and text messages placed to cell phones with an autodialer, unless you consented. Courts have narrowed what qualifies as an "autodialer" after the Supreme Court's Facebook v. Duguid decision, but predictive-dialing platforms, mass-blast SMS systems, and click-to-dial tools that pull from stored lists still frequently fall within the definition.

3. Telemarketing Calls to Do Not Call Numbers

If your number has been on the National Do Not Call Registry for 31 days or longer and a telemarketer calls anyway, that's a Do Not Call violation. You can sue after receiving two or more calls within a 12-month period from the same seller. Each qualifying call is worth up to $1,500. See our step-by-step guide to filing a TCPA lawsuit for the mechanics.

4. Calls After a Stop Request

Once you tell a caller to stop — verbally, in writing, or by replying STOP to a text — every subsequent call or text is a knowing violation worth up to $1,500. Keep records of when and how you told them to stop.

5. Failure to Identify the Caller

Telemarketers must, at the start of every call, identify (a) the individual initiating the call, (b) the entity on whose behalf the call is placed, and (c) a phone number or address at which that entity can be contacted. Dropped-call teasers, mumbled company names, and refusal to give a callback number are common signs of a violation.

6. Calls to Reassigned Phone Numbers

When a phone number is reassigned to a new user, the old user's consent doesn't transfer. Companies that keep dialing old contacts after a number has been reassigned are liable to the new subscriber. The FCC's Reassigned Numbers Database is designed to prevent this — but many callers still don't use it.

7. Ringless Voicemail Drops

"Ringless voicemail" services drop prerecorded messages directly into voicemail without ringing the phone. The FCC ruled in 2022 that these are calls subject to the TCPA. Every unauthorized drop is a violation.

8. Spam Texts, Including Political Blasts

Unsolicited text messages sent through automated platforms violate the TCPA the same way calls do. There's no political speech carve-out for autodialed texts — see Political Text Message Spam: Your TCPA Rights.

9. Prerecorded Calls to Residential Lines

Prerecorded telemarketing calls to residential landlines require prior express written consent. Charities and pollsters have narrower exemptions but must still comply with Do Not Call rules.

10. Fax Advertisements Without an Opt-Out Notice

Yes, fax law is still on the books. Unsolicited fax ads and even solicited ones without a compliant opt-out notice are TCPA violations. Fax-based cases can reach hundreds of thousands of dollars for medical, legal, and small-business recipients.

What to Do Next

Save the evidence — call logs, screenshots, voicemails, dates — and get a case review. Every category above is actionable, and TCPA cases are handled on contingency: no fees unless we win. Learn about our TCPA practice or contact us for a free case review.

FAQ

What are the most common TCPA violations?

Prerecorded or autodialed calls and texts to cell phones without consent, calls to numbers on the National Do Not Call Registry, calls after a STOP request, and calls that fail to identify the caller.

Does the TCPA cover business phones?

The DNC provisions apply only to residential numbers. But the prerecorded-call and autodialer provisions cover cell phones regardless of use, and many small-business cell numbers qualify.

How do I prove a TCPA violation?

Call logs, voicemail recordings, text screenshots, and — for autodialer or prerecorded-call claims — evidence of the calling technology, often obtained through discovery.