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TCPA & Robocalls

The Telephone Consumer Protection Act is a federal law restricting unwanted robocalls, auto-dialed calls, and spam texts, and it lets consumers recover money for each illegal contact. Florida and New York add their own state-law protections on top of it. Here’s how all three work together.

$500
Per violation
$1,500
If willful
4 yr
To file
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 Damages Calculator

Texts & Calls

Each unlawful text or call can be a separate violation. Enter a message count to see how TCPA statutory damages are calculated per message.

Message Count

Why revoking consent matters. Telling a sender to stop can end any consent you previously gave, so later messages may lack consent. Courts may also consider continued messages when deciding whether a violation was willful or knowing. Checking this box does not change the numbers shown.

Statutory Calculation
$0
$500 per violation
to
$0
Up to $1,500 if
willful or knowing
+

The TCPA sets statutory damages at $500 per violation. A court may increase that to up to $1,500 per violation if it finds the violation was willful or knowing. See 47 U.S.C. § 227(b)(3) and (c)(5).

Assumes each message is a separate violation. Whether it is depends on facts like consent, how the message was sent (for example, an autodialer or prerecorded voice), and which part of the statute applies. Do-Not-Call claims under § 227(c) also require more than one call within a 12-month period.

Educational tool only This is not legal advice or a case evaluation, and it does not predict what any claim will recover.

TCPA State Law Add-Ons

Florida & New York

The 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, and 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.

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