TCPA Robocall Statutory Damages Calculator

The Telephone Consumer Protection Act (47 USC 227) restricts robocalls, automated texts, unsolicited faxes, and calls to numbers on the National Do-Not-Call Registry. Damages are $500 per violation (negligent) or $1,500 per violation (willful or knowing). The statute is private right of action — no need to involve the FCC or attorney general. TCPA class actions routinely settle for millions because per-violation damages multiplied across thousands of consumers add up dramatically.

What Counts As A TCPA Violation

Common violations: pre-recorded or auto-dialed calls to mobile phones without express written consent; calls to landlines from auto-dialers without consent; texts treated as 'calls' under TCPA; calls to numbers on the National DNC Registry from telemarketers; failure to identify caller; calling outside permitted hours (before 8am or after 9pm local time); calling after revocation of consent. Each separate call or text is a separate violation supporting separate statutory damages. The Supreme Court in Facebook v. Duguid (2021) narrowed the definition of 'automatic telephone dialing system' but didn't affect pre-recorded calls or DNC claims.

Why Class Actions Are Lucrative

TCPA class actions are among the most profitable consumer litigation because statutory damages don't require individual proof of harm. If a company sent 100,000 illegal text messages, the maximum exposure is $50M ($500 × 100,000) for negligent or $150M for willful. Even modest settlements at $50-$100 per class member produce $5M–$10M+ totals. Plaintiff firms typically take 25-33% of the settlement plus expenses. The threat of class certification drives most companies to settle TCPA disputes quickly even when defenses look strong.

Last updated May 2026. Sources: Federal Communications Commission TCPA.