How much can I actually win?

$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.

What counts as an autodialer?

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.

How is "consent" treated?

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.

What is the DNC private right of action?

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.

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. File before your earliest calls run out.

Can I add state-law claims?

Yes — and you should. Florida, Washington, and California (Rosenthal Act overlap) have state TCPA-like statutes that can be added as supplemental claims under 28 U.S.C. § 1367. Some state acts (FL § 501.059) also provide attorney fees that the federal TCPA does not.

Debt collection overview

TCPA federal complaint

$500 per call. $1,500 willful.

The TCPA (47 U.S.C. § 227) gives every consumer a private right of action against companies that autodial cell phones, send autodialed texts, or call DNC-registered numbers without consent. $500 per call (negligent) or $1,500 per call (willful or knowing). Per CALL — not per action. The wizard builds a court-ready Complaint — free.

1You
2Defendant
3Court
4Calls + facts
5Counts
6Relief
7Review

Your full name *

Street address *

City, State, ZIP *

Phone (optional — preferably the line at issue)

Email (optional)

Earlier in the timeline

Cease-and-desist letter — free

Before suing, send a cease-and-desist that explicitly revokes any prior TCPA consent. Every call after receipt is a willful violation worth $1,500.

Open cease wizard

Federal-practice kit

Case Pass — $149

Discovery requests for the dialer technology, call-record subpoenas, opposition to motion-to-dismiss, settlement-conference brief — for one TCPA matter, 12 months.

Compare plans