Robocall Guide · Answers
Is it illegal to robocall a cell phone?
Your cell phone gets stronger protection than your landline. Automated calls and texts to it without your permission can be worth $500 to $1,500 each.
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Short answer
Generally yes, without your permission. The TCPA gives cell phones special protection: it’s illegal to use an autodialer or a prerecorded message to call or text your mobile number unless you agreed to it first. That covers both marketing and many non-marketing calls. When the rule is broken, each call or text can be worth $500 to $1,500, and the amounts add up.
The cell-phone rule in plain English
- Automated or prerecorded calls/texts to your cell need your consent first.
- The protection is stronger for cells than for landlines.
- It applies to texts, not just voice calls.
- Each illegal contact is $500, up to $1,500 if willful, and they stack.
Why cell phones get extra protection
When Congress passed the TCPA in 1991, cell minutes were expensive and people paid for incoming calls. The law reflected that by drawing a hard line around mobile numbers: you generally can’t use an autodialer (software that dials numbers automatically) or a prerecorded voice to reach a cell phone unless the person on the other end agreed to it ahead of time.
That line still stands today, and it’s broader than the marketing rule that covers landlines. For your cell, the protection reaches both sales calls and a lot of non-sales automated calls too. The key trigger is the technology: was it dialed or voiced by a machine, and did you say it was okay?
What consent does and doesn’t mean
“Consent” trips a lot of people up, so here’s the honest version. Two things matter: what you agreed to, and whether the call is marketing.
- For automated marketing calls and texts to your cell, the caller needs your written permission, and it has to be clear, not buried so deep you’d never find it.
- For non-marketing automated calls (say, a delivery notice), giving a business your number can sometimes count as permission.
- You can take consent back. Even if you once said yes, you can say stop at any time, by phone, text, or in writing, and calls that keep coming after that can be willful, the $1,500 tier.
So the fact that you once typed your number into a form doesn’t give a company a permanent license to robocall you forever. If you never agreed, or you revoked, the calls can be illegal.
Common cell-phone violations and your next step
The patterns we see most often on mobile numbers:
- Wrong-number robocalls: automated debt-collection or marketing calls meant for whoever had your number before. A clean violation; see wrong-number robocalls.
- Spam texts: automated marketing texts you never opted into. These count too; see spam text lawsuits.
- Calls after you said stop: the willful tier, worth up to $1,500 each.
- Recordings: a prerecorded voice on your cell without consent; see prerecorded-call violations.
If any of these sound familiar, save your call log and any texts, then get a free read. Max Morgan, Esq. will tell you whether the calls to your cell are worth pursuing, and he works on contingency, with no fee unless you recover.
Related: Are robocalls illegal? · Wrong-number robocalls · Spam text lawsuits · Do I qualify?
What kind of calls are you getting?
Each of these is a real, recoverable claim under the TCPA.
Wrong-number robocalls
Prerecorded or auto-dialed calls meant for someone else. You can have a claim even though you’re not a customer.
Learn more Highest valueWrong-number debt collection
Auto-dialed collection calls for a debt that was never yours. Illegal twice over — and it pays.
Learn more Highest value“Stop calling me”
You told them to stop and the calls kept coming. Each one can be a separate violation.
Learn moreSpam text messages
Marketing texts you never agreed to count under the TCPA too. Screenshots are often all the proof you need.
Learn moreDo-Not-Call violations
Registered your number and the calls didn’t stop? Continued telemarketing may entitle you to damages.
Learn morePrerecorded cell calls
Robotic or artificial-voice calls to your cell without consent are a clear TCPA violation.
Learn moreMore on robocalls to cell phones
Is it illegal to robocall my cell even for a survey or reminder?
It can be. Cell phones are protected against automated and prerecorded calls broadly, not just marketing. If you didn’t consent, even a non-sales automated call to your cell may be a violation.
What if I once gave a company my cell number?
Giving your number isn’t a forever pass. For automated marketing you need to have given written permission, and you can revoke any consent at any time. Calls after you say stop can be worth $1,500 each.
Do texts to my cell count?
Yes. Under the TCPA, a text is treated like a call. Automated marketing texts to your cell without consent can be worth $500 to $1,500 each.
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