Robocall Lawyer in Kansas: $500 to $1,500 Per Illegal Call

The federal Telephone Consumer Protection Act (TCPA) is the law that makes a Kansas robocall case worth money. It bars autodialed or prerecorded calls and texts to a cell phone without your consent, and it bars telemarketing to a number on the Do Not Call Registry. Each call or text is a separate violation worth $500, and up to $1,500 when the caller acted willfully or knowingly. Kansas residents most often contact us about wrong-number debt collection calls and spam text messages to a cell that never opted in.

Kansas adds the Kansas No-Call Act, K.S.A. 50-670 and 50-670a. Section 50-670a is the list provision: rather than build a separate registry, Kansas makes the FTC’s national list the Kansas no-call list, and the Attorney General sends consumers to the FTC to register. A solicitor has 30 days from your registration to remove your number and must refresh the list at least every 30 days after that. Section 50-670 governs the call itself. The solicitor must identify itself, the business, and the purpose of the call immediately, must stop as soon as you give a negative response, must honor a request to stop calling for five years, and may not withhold its number from caller ID. A recorded-message dialer must disconnect within 25 seconds after you hang up. Kansas does not set its own calling-hour window, so the federal 8 a.m. to 9 p.m. rule applies whether your number starts with 316, 913, or 785.

One Kansas wrinkle is worth knowing. A federal court in Kansas has held that a debt collector’s repeated calls to a wrong number about someone else’s debt are not “consumer telephone calls” under K.S.A. 50-670, because they are not sales calls. That does not hurt you; it just means a wrong-number collection case in Kansas is a TCPA case, and the TCPA is where the per-call damages live anyway. The Attorney General’s Consumer Protection Division in Topeka enforces the state Act and takes no-call complaints, while your own TCPA suit is filed in the United States District Court for the District of Kansas, which covers the whole state from Wichita and Overland Park to Olathe and Topeka.

Max Morgan, Esq. of The Weitz Firm reviews call records for Kansas residents at no charge. Cases are handled nationwide under the federal TCPA. Local counsel is associated where Kansas rules require it. You pay no fee unless you recover. The federal TCPA limitations period is generally four years, but each call carries its own date, so talk to us before assuming there is time.