Robocall Guide
Robocalls and the FDCPA
When a debt collector robocalls you, especially about a debt that isn’t even yours, a single call can break two federal laws at once. That overlap can make your claim stronger and worth more, with TCPA damages of $500 to $1,500 per call layered on top of FDCPA protections.
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Short answer
Automated debt-collection calls can violate two laws at the same time. The TCPA (the federal Telephone Consumer Protection Act) covers the robocall itself, $500 to $1,500 per call, while the FDCPA (the federal Fair Debt Collection Practices Act) covers how collectors behave. A wrong-number debt-collection robocall can trigger both, which often makes a claim worth more.
The short version
- The TCPA covers the robocall; the FDCPA covers debt-collector conduct. One call can break both.
- Wrong-number collection robocalls are the classic two-law overlap.
- TCPA damages of $500 to $1,500 per call can layer on top of FDCPA protections.
- It costs nothing to find out. The review is free and there’s no fee unless you recover.
What the FDCPA is
The Fair Debt Collection Practices Act is the federal law that governs how third-party debt collectors can treat you. It bans harassment, repeated calls meant to annoy, false or misleading statements about a debt, and contacting you after you’ve told them in writing to stop.
How a robocall can break two laws at once
The two laws cover different parts of the same call. Picture an autodialer dialing you about a debt:
- The TCPA looks at the call. Was it an autodialed or prerecorded call to your cell without consent? If so, that’s $500 to $1,500.
- The FDCPA looks at the conduct. Was it harassing, repeated, deceptive, or aimed at the wrong person? If so, that’s a separate violation.
Because they protect different things, the same call can support a claim under both, and the violations don’t cancel each other out.
Why wrong-number calls are the clearest overlap
The strongest version of this is the wrong-number collection robocall, when a collector dials you about a debt that belongs to someone else, often a stranger whose old number you now have. You never owed the debt, never consented to the calls, and never gave the collector your number.
- For the TCPA, there’s no consent, since you were never their customer, so the autodialed calls to your cell are violations.
- For the FDCPA, calling the wrong person, refusing to stop after you say it isn’t you, and misrepresenting the debt can all be violations.
What two laws mean for your claim
Overlap is good news for you. The TCPA’s fixed damages ($500 per call, up to $1,500 for willful violations) stack call by call, and those calls keep coming in wrong-number situations because the collector thinks you’re someone else. The FDCPA adds its own damages and, importantly, often shifts the collector’s attorney’s-fee exposure. A weeks-long run of wrong-number robocalls can become a meaningful claim under both laws at once.
Evidence that supports both claims
The same records help under both laws, so keep:
- Your call log showing how often the collector dialed and when.
- Voicemails. Prerecorded ones help the TCPA side; threatening or deceptive ones help the FDCPA side.
- Notes on when you told them it was the wrong number, or to stop, and what they did next.
- The name of the collector and any debt they claimed you owed.
Turning it into one claim
You don’t have to sort out which law applies. That’s the attorney’s job. Max Morgan, Esq. evaluates a debt-collection robocall under both the TCPA and the FDCPA, builds the strongest combined claim, and works on contingency, nationwide. No recovery, no fee. Every case is different, and outcomes vary.
Related: Wrong-number debt collection calls · TCPA penalties · Do I qualify? · Settlements
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.
Robocalls and the FDCPA: FAQs
Can one debt-collection call really violate two laws?
Yes. The TCPA covers the robocall itself, worth $500 to $1,500, while the FDCPA covers how the collector behaves. A single autodialed wrong-number call can support a claim under both, and the violations do not cancel each other out.
What if the debt isn’t even mine?
That is often the strongest situation. If a collector is robocalling you about someone else’s debt, you never consented for the TCPA, and calling the wrong person can violate the FDCPA. Both laws can apply at once.
Does the FDCPA apply if I actually owe the debt?
It can. The FDCPA limits how any debt is collected, whether or not you owe it, banning harassment, deception, and contact after you say stop in writing. Whether the TCPA also applies depends on consent and how you were called.
Do I need to figure out which law applies before I call?
No. That is the attorney’s job. Keep your call log, voicemails, and notes, and Max will evaluate the calls under both the TCPA and the FDCPA to build the strongest combined claim. The review is free.
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