If your phone rings with yet another unsolicited pitch for a loan you never asked about, a warranty you don’t need, or a credit card offer from a company you’ve never heard of, you’re not powerless. Federal law gives you the right to sue—and collect real money for every illegal call.
The Telephone Consumer Protection Act (TCPA) is one of the strongest consumer protection statutes on the books. It imposes strict penalties on companies that make automated or prerecorded calls to your cell phone without your consent. And unlike most federal claims, you don’t need a government agency to enforce it. You can file suit yourself.
This guide explains what the law covers, how to identify the companies behind the calls, and how to build a case that makes robocallers pay.
The numbers: The TCPA awards $500–$1,500 per illegal call or text, carries a four-year statute of limitations, and TCPA filings doubled in 2025—making it one of the most actively litigated consumer protection laws on the books.
What the TCPA Actually Prohibits
The TCPA targets several specific practices. If you’re receiving unsolicited loan pitches by robocall, chances are the caller is violating multiple provisions simultaneously.
- Autodialed or prerecorded calls to cell phones without prior express written consent. For marketing calls, verbal consent isn’t enough—the law requires written permission. If you never signed up for anything, every call is a separate violation.
- Do Not Call Registry violations. If your number is registered at donotcall.gov and you’re still receiving telemarketing calls, that’s an independent violation—even from live callers, not just robocalls.
- Calls after you’ve revoked consent. Under FCC rules effective April 2025, you can revoke consent by any reasonable means—saying “stop,” texting “STOP,” or telling the caller to remove you. The company has 10 business days to comply. Every call after that is a willful violation at the $1,500 tier.
- AI-generated voice calls. The FCC has ruled that AI-generated voices qualify as “artificial or prerecorded” under the TCPA. A call that sounds human but is actually AI is still covered.
- Calls outside permitted hours. Telemarketing calls before 8:00 a.m. or after 9:00 p.m. in your time zone violate the TCPA regardless of consent.
Step 1: Build Your Evidence File
Before you can sue, you need proof. Start documenting every unwanted call right now—even before you know who’s behind them.
What to Record for Every Call
- Screenshot your call log immediately. Date, time, and the number displayed. Don’t rely on memory.
- Save every voicemail. Prerecorded messages are direct evidence of a TCPA violation. Back them up to cloud storage or email them to yourself.
- Keep your phone bills. Carrier records show incoming call history and can be used to trace the source. Retain them for the full four-year limitations period.
- Keep a written log. Note whether the call was a prerecorded message or live person, what product or service was pitched, and whether you told them to stop calling.
- Don’t delete anything. Keep your phone handset through any litigation to prevent spoliation issues.
Step 2: Identify the Caller
This is the critical challenge. Robocallers hide behind spoofed numbers, shell companies, and third-party lead generators. But they can be found.
Answer and Extract Information
The most effective identification technique is counterintuitive: pick up the phone. Stay on the line, get transferred to the “live agent,” and before providing any personal information, ask: What company are you with? What’s your website? What’s your mailing address? Can you send me something by email? Even one of these details can be enough to identify the entity behind the calls and serve a complaint.
Use Technology and Public Records
- Reverse phone lookups. Services like Hiya, Nomorobo, CallerSmart, or even a Google search of the number can sometimes reveal the company or lead generator behind it.
- Check the FCC’s Robocall Mitigation Database. All voice service providers must certify their STIR/SHAKEN implementation status. This can help identify which VoIP provider originated the call. Search it at fcc.gov/robocall-mitigation-database.
- STIR/SHAKEN attestation data. The FCC’s caller ID authentication framework enables carriers to verify that caller ID information is legitimate. While there’s no private right of action under STIR/SHAKEN itself, the authentication data makes identifying robocallers in TCPA litigation far more practical. Your carrier may provide this information upon request.
- Subpoena carrier records. Once litigation is filed, you can subpoena your carrier’s call detail records and, through the originating carrier, trace back to the entity that placed the call. The Industry Traceback Group (ITG) also traces illegal robocalls back to their originating provider, and their data can surface through discovery.
Step 3: Confirm Your Legal Claims
For unsolicited loan marketing robocalls to your cell phone, you likely have multiple independent violations per call—each carrying its own statutory damages.
- No prior express written consent. Did you ever sign up, fill out a form, or click “I agree” authorizing calls from this company? If not, every call is a $500 violation—or $1,500 if the court finds it was willful.
- DNC Registry violation. If your number is registered and you’re receiving telemarketing calls, that’s a separate violation even without an autodialer.
- Failure to honor opt-out. Did you tell them to stop? Under the April 2025 FCC rule, they must comply within 10 business days. Every call after that is willful.
- No caller identification. TCPA regulations require telemarketers to identify themselves and the entity they represent and provide a callback number. Failure to do so is an additional violation.
Do the math: if a loan company has called you 20 times without consent, that’s potentially $10,000–$30,000 in statutory damages for your individual claim alone. The threat of class-wide exposure gives you significant settlement leverage.
Step 4: File and Litigate
You can bring a private action under the TCPA in federal or state court. You don’t need to show actual damages—statutory damages are automatic. Here’s how to maximize your position.
- File complaints with the FCC and FTC. Report violations at fcc.gov and ReportFraud.ftc.gov. These won’t litigate for you, but they create a public record of the caller’s behavior that strengthens your case.
- Consider both individual and class claims. If the same company is blasting robocalls to thousands of people, a class action multiplies the damages exponentially—and your leverage with it.
- Name the right defendants. Go after the company whose product is being marketed, not just the call center. The TCPA applies to the entity “on whose behalf” the call is made, which means the lender or lead buyer can be liable even if they hired a third-party dialer.
- Pursue FDCPA claims in parallel. If the robocalls relate to debt collection rather than marketing, you may have additional claims under the Fair Debt Collection Practices Act, which provides separate damages.
Your Robocall Action Plan
- Register your number on the National Do Not Call Registry at donotcall.gov if you haven’t already.
- Start logging every unwanted call—date, time, number, content. Screenshot your call log and save voicemails.
- Answer the next robocall and extract the company name, website, email, or mailing address.
- Tell the caller to stop. Say “stop calling me” clearly. Note the date. This starts the willful-violation clock.
- Run reverse lookups on the calling numbers. Check the FCC’s Robocall Mitigation Database.
- Keep your phone and phone bills. Do not switch devices or delete records during the limitations period.
- File complaints with the FCC and FTC to create a public record.
- Consult with a consumer protection attorney to evaluate your claims and file suit.
Key Legal Developments to Know
TCPA law is evolving rapidly. A few developments that strengthen your hand in 2025–2026:
- FCC consent revocation rule (effective April 2025). Consumers can now revoke consent by any reasonable means—”stop,” “quit,” “end,” “opt out,” “cancel,” or “unsubscribe.” Companies get 10 days, then every subsequent contact is willful.
- AI voice calls are covered. The FCC’s February 2024 Declaratory Ruling confirmed that AI-generated voices are “artificial or prerecorded” under the TCPA. Companies can’t dodge the law by using natural-sounding AI.
- STIR/SHAKEN is making callers traceable. The FCC’s caller ID authentication framework, mandated by the TRACED Act, makes it increasingly difficult for robocallers to hide behind spoofed numbers. While there’s no private right of action under STIR/SHAKEN, the data it generates is invaluable in TCPA litigation.
- Courts are setting standards independently. A 2025 Supreme Court decision shifted TCPA interpretation authority from the FCC to the courts, meaning judges now set their own standards—and many are ruling favorably for consumers.
If robocall harassment has contributed to financial stress or overwhelming debt, you don’t have to face it alone. Lakelaw’s bankruptcy attorneys have helped thousands of people find a fresh financial start. Contact us today for a free, confidential consultation.