Robocalls & auto-dialers
Calls made with an autodialer or a prerecorded voice to your cell phone — without your prior consent — may violate the TCPA.
Spam texts
Unsolicited marketing texts count too — and each message can be a separate violation with its own damages.
Do-Not-Call list
Telemarketing calls to a number on the National Do Not Call Registry can trigger additional liability.
TCPA State Law Add-Ons
Florida & New YorkThe TCPA is a federal floor, not a ceiling. Florida and New York have layered their own telemarketing statutes on top of it, which means a single unwanted call or text can sometimes violate two laws at once — and open up more than one path to compensation.
FL
State Statute
Florida Telephone Solicitation Act
Fla. Stat. § 501.059
$500
Per violation
$1,500
If willful
2023 amendments narrowed the law — it now only applies to systems that automate both selecting and dialing numbers.
Only unsolicited calls and texts are covered — an existing business relationship can be used as a defense.
For texts, you generally must reply “STOP” first — the sender then has 15 days to comply before you can sue.
NY
State Statute
General Business Law §§ 399-p, 399-z, 399-pp
New York’s telemarketing & autodialer statutes
$50
Min. damages
$1,000
Max if willful
§399-p covers autodialed and prerecorded calls; you can recover actual damages or $50, whichever is greater.
Courts can treble damages up to a combined $1,000 for willful or knowing violations.
A prevailing consumer can also recover reasonable attorney’s fees — something the federal TCPA doesn’t guarantee.
State statutes change. This summary reflects the law as of mid-2026 — confirm current statutory text or talk to a licensed attorney before relying on it.