How do I know if a robocall is illegal?

Tests 1 and 2: what number, and what technology

Start with the phone they called. Your cell phone gets the most protection under the TCPA, the federal Telephone Consumer Protection Act, the law that controls automated calls and texts. A telemarketer generally can’t send an automated or recorded call to your cell unless you said yes in writing first.

Next, look at how the call sounded. Two things make a call automated in the eyes of the law: an autodialer, software that dials numbers from a list on its own, and a prerecorded or artificial voice, meaning a recording or a computer-generated voice instead of a live person dialing you by hand. If you heard a pause before anyone spoke, a recorded message, or a robotic voice, that’s the kind of technology the TCPA restricts. A neighbor calling you by hand isn’t a robocall. A marketing system blasting a recording to thousands of numbers is.

Test 3: did you ever give permission?

Consent is the hinge the whole thing turns on. For marketing robocalls and texts to your cell, the law generally requires written permission: you agreed, in writing, to get automated marketing from that specific company. Not “I once called their customer service line.” Not “my number used to belong to someone who signed up.” Real, written agreement.

That’s why wrong-number calls are so often illegal: you never agreed to anything, because the message was never meant for you. If a company is robocalling you about a debt, a car warranty, or an offer you never signed up for, the consent box is empty, and an empty consent box is the heart of most TCPA cases.

Test 4: did it keep coming after you said stop?

Even if you once gave permission, you can take it back. Tell a caller to stop, by phone, by text reply, or in writing, any clear way, and they have to honor it. Calls that keep coming after a clear stop request aren’t just illegal; they can be treated as willful, which bumps the damages from $500 to $1,500 per call.

People most often pass this test without realizing it. If you’ve said “take me off your list” and the calls didn’t stop, write down when you asked and keep a log of the calls that came after. That record can turn an ordinary claim into a stronger one. For more, see calls after you said stop.

Putting the tests together

You don’t need all four to have a case; failing one can be enough. A single recorded marketing call to your cell that you never agreed to is a potential violation on its own. The tests help you see it clearly. And because each illegal call carries its own $500 to $1,500, and those amounts stack, a string of calls can add up fast.

If you’re not sure whether a call passes or fails, that’s normal. The line between a legal call and an illegal one isn’t always obvious from your seat. A free review with Max Morgan, Esq. sorts it out: you describe what’s happening, he tells you honestly whether there’s a case, and if there is, he works on contingency, with no fee unless you recover. Want a head start? See whether you qualify.

Related: What is an illegal robocall? · Prerecorded call violations · Calls after you said stop · Do I qualify?