Robocall Guide · Answers
Are robocalls illegal?
Some robocalls are legal. The ones that aren’t, like automated marketing to your cell without permission or calls after you said stop, can be worth $500 to $1,500 each.
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Short answer
It depends. Not all robocalls break the law. A pharmacy reminder or a flight-delay alert is usually fine. But automated or prerecorded marketing calls and texts to your cell phone without your written permission are illegal under the TCPA, and so are calls that keep coming after you’ve asked them to stop. When a robocall is illegal, you may be owed $500 to $1,500 for each one.
Legal vs. illegal at a glance
- Marketing robocalls to your cell need your written permission first. Without it, they’re illegal.
- Some robocalls are legal: appointment reminders, fraud alerts, and certain informational calls.
- Calls that continue after you said stop can count as willful, up to $1,500 each.
- When a call breaks the rules, the money is yours. You don’t have to be a customer.
Which robocalls are illegal
The law that governs this is the TCPA, the Telephone Consumer Protection Act, a federal law that’s been on the books since 1991. It doesn’t ban every automated call. It bans using an autodialer (software that dials numbers automatically) or a prerecorded voice to reach your cell phone for marketing purposes unless you gave written permission first.
The question breaks into three smaller ones:
- Was it automated or prerecorded? A live human dialing by hand is treated differently from a machine.
- Was it marketing? A pitch for solar panels, extended warranties, or health plans is the trigger. Informational calls get more leeway.
- Did you agree to it in writing? Buried consent in fine print sometimes counts; often it doesn’t.
If a call was an automated sales pitch to your cell and you never signed up for it, that’s the classic illegal robocall, worth $500. If the caller knew it was breaking the rules, or kept going after you told them to stop, each call can climb to $1,500.
Which robocalls are legal
Plenty of automated calls are allowed, and knowing the difference keeps you from chasing a call that won’t go anywhere. Legal robocalls include:
- Appointment and prescription reminders from a doctor or pharmacy you already use.
- Fraud and account alerts from your bank or card company.
- Flight delays, school closings, and utility outages, the time-sensitive informational calls.
- Political or charitable recorded calls to a landline.
The common thread: these aren’t selling you anything, and you usually have a relationship with the caller. The moment a recording shifts into a sales pitch, even mid-call, the protections kick back in. A “reminder” that turns into an upsell can still be a violation.
How to tell, and what to do next
You don’t need to diagnose the legal fine points yourself. A few notes turn a frustrating call into something an attorney can evaluate: the date and time, the number that showed up, whether you heard a recording or a pause before a person spoke, and what they were pitching. Screenshots of texts and your call log help most.
If it looks like an illegal robocall, the next step is free. Tell us what’s happening and Max Morgan, Esq. will tell you whether you have a case. If you do, he works on contingency, no fee unless you recover. Want the bigger picture first? See what is a robocall or check whether you qualify.
Related: What is a robocall? · Robocalling a cell phone · Prerecorded-call violations · 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 robocall legality
Are all robocalls illegal?
No. Appointment reminders, fraud alerts, and similar informational calls are usually legal. It’s automated or prerecorded marketing to your cell without written permission that crosses the line.
Is a robocall illegal if I never gave my number out?
Often yes. If you never gave written permission for automated marketing, a sales robocall to your cell is likely a violation worth $500, or $1,500 if it was willful.
What if the robocall was for someone else?
Wrong-number robocalls are a common and clear-cut violation. You can have a claim even though the call was never meant for you.
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