Robocall Guide · Suing
Can you sue a robocaller?
Short version: yes. When a company robocalls or auto-texts your cell phone without your permission, federal law puts a price on each call, $500 to $1,500, and you can collect it, even if you were never their customer.
Free · No obligation · About 2 minutes · No fee unless you recover
Short answer
Yes. People sue robocallers every day under the TCPA (the federal Telephone Consumer Protection Act). If a company used an autodialer or a prerecorded message to call or text your cell without consent, you can recover $500 per call, or up to $1,500 if the violation was willful. The calls stack, so a few weeks of robocalls can be worth real money.
The short version
- The TCPA gives you, the person being called, the right to sue, not just the government.
- Damages are fixed by law: $500 per illegal call or text, up to $1,500 for willful violations.
- You don’t have to be a customer. Wrong-number and recycled-number calls count.
- It costs nothing to find out. The review is free and there’s no fee unless you recover.
Who you can actually sue
The TCPA lets you go after the company responsible for the calls, whether that’s the telemarketer, the debt collector, the warranty seller, or the business whose product is being pushed. That holds even when the calls come from a spoofed or blocked number, because the law also reaches the company that hired the dialer. Figuring out who is behind a campaign is part of what an attorney does; you don’t need to have it solved before you reach out.
What makes a robocall illegal
Not every automated call breaks the law. The ones you can sue over generally share these traits:
- They went to your cell phone (or kept coming after you said stop).
- They used an autodialer (software that dials automatically) or a prerecorded or artificial voice.
- You never gave written permission to be called, or you revoked it.
What you’ll want to keep as evidence
You probably have more proof than you think. Hold onto:
- Your call log (don’t delete the calls).
- Any voicemails or recordings of the prerecorded message.
- Screenshots of spam texts, showing the number, message, and date.
- Notes on when you told them to stop, and how.
Suing with a lawyer vs. on your own
You can file in small claims court yourself, but TCPA cases turn on proving who placed the calls and whether an autodialer was used, the kind of thing companies fight hard. A contingency attorney like Max Morgan, Esq. takes that on, gets paid out of the recovery rather than your pocket, and tends to recover more. No recovery, no fee.
What it can be worth
Because the TCPA fixes the value of each call, the math is simple: number of illegal calls times $500 to $1,500. A months-long campaign adds up fast. In one real case, 385 wrong-number calls came to $577,500.
Related: How to sue a telemarketer · Wrong-number robocalls · Settlements · TCPA penalties
Real results, real citations
Actual TCPA recoveries Max has helped secure.
Wrong-number prerecorded debt-collection calls.
Lucas v. Synchrony Bank (N.D. Ind.)
Telemarketing to Do-Not-Call list & after opt-out.
Campbell v. Everything Breaks (D. Nev.)
385 wrong-number calls at $1,500 each.
Higgs v. Golden Title Loans (W.D. Tenn.)
Prerecorded calls to cell phones without consent.
Key v. Miracle Faith Center (N.D. Fla.)
Prior results do not guarantee a similar outcome. Every case is different.
Suing a robocaller: FAQs
Can I sue a robocaller I can’t identify?
Often, yes. Spoofed and blocked numbers are common, and there are ways to trace a campaign back to the company responsible. Keep your records and let us look. You don’t need to identify the caller first.
How many robocalls do I need to sue?
Even one illegal call can be a violation worth $500. That said, the more calls you got, the larger the claim, because each one stacks.
Do I need proof of every call?
No. Your phone records, voicemails, and screenshots help, and there are other ways to establish the calls. Reach out even if your records are incomplete.
What does it cost to sue a robocaller?
Nothing up front. The review is free and Max works on contingency. His fee comes out of any recovery, and if there’s none, you owe no attorney’s fee.
Find out in about two minutes
See if your calls are worth money.
Answer a few questions and Max Morgan, Esq. will tell you, free, whether you have a case. No cost, no obligation, no fee unless you recover.