Telemarketer / Robocall Abuse (TCPA protections)
Chicago TCPA Lawyer | Stop Illegal Robocalls & Telemarketer Harassment
Bombarded with illegal robocalls, autodialed calls, or prerecorded messages? You have federal rights under the Telephone Consumer Protection Act (TCPA) to stop harassment and recover damages.
Justice Consumer Law helps Chicago residents stop illegal robocalls and sue violators under TCPA. When telemarketers and robocallers violate your rights, federal law requires them to pay damages, up to $1,500 per illegal call, plus our attorney fees.
What Is the Telephone Consumer Protection Act (TCPA)?
The TCPA is a federal law protecting consumers from unwanted telemarketing calls, autodialed calls, prerecorded messages, and text messages. Passed in 1991 and strengthened over time, the TCPA restricts how businesses can contact you by phone.
TCPA protections include:
Autodialer restrictions: Companies cannot use automatic telephone dialing systems (autodialers) to call your cell phone without prior express written consent.
Prerecorded message restrictions: Robocalls with prerecorded or artificial voices to your cell phone require prior express written consent, with limited exceptions.
Do Not Call Registry: Telemarketers must honor the National Do Not Call Registry. Calling registered numbers violates TCPA.
Time restrictions: Telemarketers cannot call before 8am or after 9pm in your time zone.
Identification requirements: Callers must identify themselves and provide contact information.
Revocation rights: You can revoke consent to be contacted at any time. Once revoked, further calls violate TCPA.
Common TCPA Violations
Illegal Robocalls to Cell Phones
Robocalls using prerecorded messages or artificial voices to cell phones without prior express written consent violate TCPA. This includes marketing calls, debt collection calls, political calls (non-government), and any automated messages.
Autodialer Calls Without Consent
Calls made using automatic dialing systems to your cell phone without your prior express written consent are illegal under TCPA, even if a live person speaks.
Calling Numbers on the Do Not Call Registry
Telemarketers calling numbers registered on the National Do Not Call Registry for more than 31 days violate TCPA. Registration is free at DoNotCall.gov and permanent.
Calling After Revocation of Consent
Once you tell a company to stop calling, they must honor your request. Continued calls after you’ve revoked consent violate TCPA.
Text Message Spam
Unsolicited marketing text messages sent using autodialers or to cell phones without prior express written consent violate TCPA. Each text is a separate violation.
Failure to Maintain Do Not Call Lists
Companies must maintain internal do not call lists. Continuing to call after you’ve requested to be placed on their internal list violates TCPA.
Calls Outside Permitted Hours
Telemarketing calls before 8am or after 9pm (your local time) violate TCPA time restrictions.
Failure to Provide Required Information
Telemarketers must identify the company, purpose of call, and provide callback numbers. Failing to provide this information violates TCPA.
How to Identify TCPA Violations
Prerecorded messages on your cell phone: If you receive robocalls with recorded messages on your cell phone that you didn’t consent to, the caller violated TCPA.
Repeated calls from unknown numbers: Multiple calls from businesses using different phone numbers to avoid call blocking indicate autodialer use and potential TCPA violations.
Calls after requesting to stop: If you’ve told a company to stop calling but they continue, each subsequent call is a separate TCPA violation.
Marketing calls to registered numbers: If your number is on the Do Not Call Registry for over 31 days and you receive marketing calls, the caller violated TCPA.
Text messages you didn’t sign up for: Unsolicited marketing texts to your cell phone violate TCPA if you didn’t provide written consent.
Calls with no identification: Callers who won’t identify their company or purpose violate TCPA identification requirements.
Who Can Be Sued Under TCPA
Telemarketers: Companies making marketing calls to promote products or services.
Debt collectors: Collection agencies using autodialers or robocalls to collect debts.
Retailers: Businesses calling about purchases, promotions, or surveys without proper consent.
Financial institutions: Banks, credit card companies, and lenders making unauthorized marketing calls.
Service providers: Utility companies, cable providers, and service businesses using autodialers without consent.
Political organizations: Political campaigns using robocalls (though some exceptions apply).
Any business using autodialers or prerecorded messages to your cell phone without written consent violates TCPA, regardless of industry.
How to Stop Illegal Robocalls
Document the Calls
Save call logs showing phone numbers, dates, times, and frequency. Take screenshots of call history. Save voicemails and text messages. Note what the caller said, company name, and call purpose.
Revoke Consent and Request Removal
Tell the caller directly: “Remove me from your call list” and “I revoke consent to be contacted.” Send a written revocation via email or certified mail to create proof.
Register on Do Not Call Registry
Tell the caller directly: “Remove me from your call list” and “I revoke consent to be contacted.” Send a written revocation via email or certified mail to create proof.
File Complaints
Report violations to the Federal Trade Commission at DoNotCall.gov and the Federal Communications Commission at fcc.gov/complaints. While complaints don’t provide direct compensation, they create enforcement records.
Contact a TCPA Attorney
Our Chicago TCPA lawyers evaluate your calls, identify violations, and file lawsuits to recover damages and stop harassment permanently.
Filing a TCPA Lawsuit
Case Evaluation
We review your call logs, voicemails, text messages, and documentation to identify TCPA violations and calculate potential damages.
Demand Letter
We send cease and desist letters demanding the calls stop immediately and offering settlement opportunities before litigation.
Federal Court Lawsuit
If settlement isn’t reached, we file TCPA lawsuits in federal court (or state court if damages are under $1,500 per call). We handle all legal work including discovery, depositions, and trial if necessary.
Settlement or Judgment
Most TCPA cases settle before trial. Settlements typically include monetary compensation for violations plus agreement to stop calling. If cases proceed to trial, courts award statutory damages based on the number of violations proven.
Why Choose Justice Consumer Law for TCPA Cases
TCPA Specialization
We focus exclusively on consumer protection law including TCPA violations, FDCPA, and FCRA. Our attorneys understand autodialer technology, telemarketing regulations, and effective litigation strategies.
No Out-of-Pocket Costs
TCPA requires violators to pay our attorney fees when we win. You pay nothing out of pocket. No retainer, no hourly fees. We only recover fees from the companies violating your rights.
Proven Track Record
Our Chicago TCPA attorneys have recovered thousands in damages for Illinois residents harassed by illegal robocalls and telemarketers. We’ve secured injunctions stopping companies from further violations.
Aggressive Enforcement
We don’t accept promises to “stop calling.” We file lawsuits holding companies accountable through monetary damages and permanent injunctions enforced by federal courts.
Our TCPA Case Process
Step 1: Free consultation—review call logs and identify TCPA violations
Step 2: Document violations—gather evidence including call logs, voicemails, texts
Step 3: Send cease and desist—demand immediate stop to calling and settlement offer
Step 4: File lawsuit—pursue TCPA claims in federal or state court
Step 5: Recover damages—secure settlement or judgment plus attorney fees
Take Control Today
Don’t let inaccuracies damage your financial future. Act quickly to protect and restore your credit health.
Frequently Asked Questions - TCPA Violations
One illegal robocall violates TCPA. You can sue after a single violation. However, multiple violations increase damages—20 illegal calls means $10,000-$30,000 in potential damages.
Unknown numbers don't prevent TCPA lawsuits. Through legal discovery, we identify the company behind the calls using phone records, voicemail content, and subpoenas to phone carriers.
Some political calls have TCPA exemptions, but not all. Calls from candidates and political campaigns have limited protections, but PACs, commercial entities, and debt collectors using political calling cannot hide behind exemptions. We evaluate whether your political robocalls violate TCPA.
TCPA statute of limitations is typically 4 years from the last violation. However, evidence degrades over time, so contact us quickly to preserve call logs and documentation.
Consent is not permanent. You can revoke consent at any time by telling the company to stop calling. After revocation, continued calls violate TCPA regardless of prior consent.
No. Unanswered calls to your cell phone using autodialers or prerecorded messages still violate TCPA. Call logs showing the attempts are sufficient evidence.
No. Using multiple phone numbers to circumvent call blocking doesn't exempt companies from TCPA. Each call from each number is a separate violation.
Wrong number robocalls violate TCPA if they use autodialers or prerecorded messages. The caller has a duty to maintain accurate contact lists. Wrong number calls are not exempt.
