Question 1

How much can I actually win?

Accepted Answer

$500 per call (negligent) or $1,500 per call (willful or knowing) under 47 U.S.C. § 227(b)(3) / § 227(c)(5). Per CALL — not per action. A debt collector that places 47 autodialer calls owes $23,500 negligent or $70,500 willful. Plus injunctive relief. The TCPA does NOT have federal fee-shifting (unlike FDCPA / FCRA), but the per-call math drives serious settlements without it.

Question 2

What counts as an autodialer?

Accepted Answer

After Facebook v. Duguid (2021), an ATDS must use a 'random or sequential number generator.' Most modern collector dialers use 'predictive dialer' technology that pulls from a stored list — and circuits split on whether that qualifies. Pleading: allege the dialer's characteristics (pre-connect pause, prerecorded greeting, pattern of calling many people) and let discovery sort the technical details. Prerecorded voice calls are a separate ground that doesn't require ATDS at all.

Question 3

How is "consent" treated?

Accepted Answer

For non-marketing autodialer calls to a cell, you need 'prior express consent.' For marketing autodialer calls or prerecorded marketing messages, you need 'prior express WRITTEN consent.' Consent given for one purpose does NOT cover another (e.g. consent to call about the original account doesn't cover collection by a debt buyer). Consent can be revoked by any reasonable means — written, oral, or text.

Question 4

What is the DNC private right of action?

Accepted Answer

If your number was on the National DNC Registry for at least 31 days and you receive 2+ telemarketing calls within any 12-month period from the same entity, § 227(c)(5) gives you a private right of action — same $500 / $1,500 damages. Calls to collect a debt are NOT 'telemarketing' for DNC purposes — but if a collector cross-pitches another product or refinancing, that's telemarketing.

Question 5

What is the SOL?

Accepted Answer

The TCPA itself doesn't specify. Federal courts apply 28 U.S.C. § 1658's 4-year general SOL for federal claims. Each call is a separate violation with its own clock — old calls drop off the back as new ones come on the front.

Question 6

Can I add state-law claims?

Accepted Answer

Some states have their own telephone-solicitation statutes — Florida's is Fla. Stat. § 501.059, with a private right of action in subsection (10)(a). A federal court hearing a federal claim may also hear related state-law claims under 28 U.S.C. § 1367(a). Whether a state statute applies depends on its terms.

$500 per call. $1,500 willful.

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Cease-and-desist letter — free

$500 per call. $1,500 willful.

This tool cannot produce a document yet

Cease-and-desist letter — free