The TCPA lets people recover money for unlawful robocalls, texts, and faxes. The law sets a baseline amount for each violation, and a court may raise it when the caller acted willfully or knowingly. Actual results vary widely, so treat any figure in this guide as a general reference and check with a TCPA attorney for numbers that fit your situation. FCC fines are a separate system that pays the government, not consumers.
TCPA Statutory Damages Per Violation
The TCPA attaches a set amount to each violation, so you generally do not have to prove exactly how a call harmed you. There are two main private damages provisions, and they are worded differently.
| Claim | Base damages | Willful or knowing | Cite |
|---|---|---|---|
| Robocalls, prerecorded or artificial-voice calls, autodialed calls and texts, unsolicited junk faxes | Actual loss or a statutory amount (commonly cited as $500) per violation, whichever is greater | Court may increase the award, up to three times | 47 U.S.C. 227(b)(3) |
| Do Not Call Registry and company do-not-call list violations (repeat calls within a year) | Actual loss or up to the statutory amount per violation, whichever is greater | Court may increase the award, up to three times | 47 U.S.C. 227(c)(5) |
Under 227(b)(3), the statutory amount is fixed. Under 227(c)(5), it is a ceiling, so a court may award less. An attorney can tell you what courts in your area tend to award on each type of claim.
Treble Damages for Willful or Knowing TCPA Violations
Increased damages are never automatic. A judge decides whether the evidence shows the caller acted willfully or knowingly, and how much to raise the award, if at all. Evidence that may help includes calls that continued after you asked them to stop, signs the caller knew your number was registered, or a history of similar complaints. An attorney can help you judge whether your facts support asking for more.
TCPA Damages Calculator: Worked Examples
These examples are rough illustrations only. They assume every call is a proven violation and no defense applies, which is rarely how real cases unfold. Settlements and judgments can land well above or below these ranges depending on the evidence, the court, the defendant’s ability to pay, and whether the case is individual or part of a class action.
| What happened | Type of claim | What it might be worth |
|---|---|---|
| A few prerecorded sales calls to your cell phone, no consent | 227(b) | The statutory amount per call, possibly more if the court finds willful conduct |
| Repeated marketing texts after you replied STOP | 227(b) if autodialed, otherwise often 227(c) | Depends on how the texts were sent and where you live |
| Several live sales calls to a number on the Do Not Call Registry within a year | 227(c) | Up to the statutory amount per call, possibly more if willful |
| A single live sales call to a registered number | Usually not actionable on its own | Likely nothing under the TCPA |
| A batch of unsolicited junk fax ads with no opt-out notice | 227(b) | The statutory amount per fax, possibly more if willful |
A note on texts: a 227(b) text claim generally requires an autodialer or an artificial or prerecorded voice. The Supreme Court narrowed what counts as an autodialer a few years ago, so many texts sent after a STOP request are brought as do-not-call claims instead. Whether those claims succeed depends heavily on where you live, as explained below.
Want to run your own numbers? The TCPA case value calculator does the same arithmetic with your call count. Treat its result as a ballpark, and ask an attorney for a more definite figure.
This article is for general information only and is not legal advice. TCPA outcomes can vary widely depending on the facts of each case, the available evidence, the court and jurisdiction, the defenses raised, and whether the case is resolved individually, through a class action, or by settlement. Any amounts mentioned are general statutory references and illustrations, not predictions or guarantees of what any person will recover. Laws and court interpretations also change over time. For advice and figures specific to your situation, speak with a licensed attorney.
Do Spam Text Messages Count Under the TCPA?
Texts are treated differently depending on the claim. For autodialed or prerecorded-voice marketing texts, courts have generally treated a text as a call. A recent Supreme Court ruling, however, freed courts from having to follow FCC interpretations of the statute, so more judges are now reading the law for themselves.
Do Not Call claims based on texts are now contested. A federal appeals court covering several Midwestern states recently held that texts are not “telephone calls” under the Do Not Call damages provision, and some trial courts elsewhere have agreed. Other courts, including many in the western states, still allow these claims. Until a higher court settles the question, your location may decide whether a text claim is worth pursuing, so ask an attorney how courts near you are ruling. Claims based on actual voice calls are not affected, and some state laws cover texts on their own terms.
Can One Robocall Count as Two TCPA Violations?
Sometimes one call breaks two different rules, such as a prerecorded sales call to a cell phone that is also on the Do Not Call Registry. The two claims fall under separate provisions, and at least one federal appeals court has allowed recovery under both for the same call. Courts differ on this, so check with a lawyer before you count on doubled damages.
What TCPA Damages Do Not Include
- No attorney fee provision. The TCPA does not shift attorney’s fees to the losing caller. Consumer lawyers often take these cases on contingency, paid from the recovery.
- No separate punitive damages. The only multiplier is the willful or knowing increase.
- No damages for a single Do Not Call call. The Do Not Call provision requires repeat calls from the same company within a year.
Who Is Liable for Telemarketing Calls: Seller, Lead Generator, or Call Center?
Many sales calls are placed by a call center or lead generator working for another company. The law can reach both. The company whose product was being sold may be responsible for calls a vendor made on its behalf, and FCC rules generally hold that company liable when its vendor fails to honor do-not-call requests. The fax rules take a similar approach.
This matters when it is time to collect. An offshore dialing operation may be hard to sue or collect from, while the insurer, solar installer, or warranty seller that bought the leads usually is not. Identifying the seller is often worth more than identifying the dialer, and an attorney can help trace who is behind the calls.
When Actual Damages Beat the Statutory Award
The TCPA lets you claim your actual losses instead of the statutory amount if they are greater. For most people, they are not. But some situations involve real costs, such as being charged for incoming calls or a business losing paper, toner, and staff time to junk faxes. Keep receipts if unwanted calls or faxes cost you money. Otherwise, the statutory amount is usually simpler to prove.
FCC Robocall Fines vs. Consumer TCPA Damages
The FCC can fine robocallers directly, but that money goes to the U.S. Treasury, not to the people who were called. FCC penalties are set case by case under a general penalty formula, with extra penalties available for intentional violations. The agency also faces time limits on bringing these actions.
Caller ID Spoofing Penalties Under the Truth in Caller ID Act
Caller ID spoofing carries its own penalties, which can be substantial per violation and higher for continuing violations, subject to an overall cap. Willful and knowing spoofing can also be prosecuted as a crime.
One example: the FCC imposed a multimillion-dollar fine on a political consultant for spoofed robocalls that used an AI clone of President Biden’s voice to discourage New Hampshire voters during the 2024 primary. None of that money went to the people who received the calls.
State Attorney General TCPA Lawsuits
A state attorney general can sue on behalf of residents when a caller shows a pattern of violations. The state can ask a court to stop the calls, seek damages, or both, and the award may be increased for willful or knowing conduct.
Telemarketing Sales Rule vs. the TCPA: Which Law Pays Consumers?
The FTC enforces the Telemarketing Sales Rule, which also restricts Registry calls and calls at late or early hours. Private lawsuits under that rule are limited to cases with very large actual losses, a bar few individuals meet, and must be brought within a limited time. For most people, the TCPA is the more practical route.
TCPA Class Action Settlements and Payouts
When a company makes the same kind of call to thousands of people, potential damages add up quickly, which is why many TCPA cases are class actions. Class members usually receive a share of a settlement fund rather than the full statutory amount per call. Our guide to TCPA settlement check amounts explains why class payouts can be far smaller than the statutory figure, and our class action overview covers when an individual case makes more sense.
How to Estimate the Value of Your TCPA Case
- Count the calls or texts you can prove that are still within the filing deadline.
- Sort them by type: robocalls or texts without consent, Registry calls, and calls after you said stop.
- Note any facts showing the caller knew what it was doing.
- If your claim relies on texts, find out how courts in your area treat them.
- Take your notes to an attorney for a more definite estimate.
Then read our walk-through on how to sue a telemarketer to see what a claim looks like from demand letter to settlement. Check the TCPA filing deadline before you count older calls, since claims expire.
TCPA Damages FAQ
How much can I get for a TCPA violation?
The TCPA sets a statutory amount per violation, commonly cited as $500, or your actual loss if higher. A court may increase that for willful or knowing violations. What you actually recover can vary a great deal, so ask an attorney for a figure based on your facts.
Are higher damages automatic for repeated calls?
No. Any increase is up to the court and requires evidence that the caller acted willfully or knowingly, such as continuing to call after you asked it to stop.
Do FCC fines go to consumers?
No. FCC fines go to the U.S. Treasury. Consumers recover money through their own lawsuits, class action settlements, or sometimes state attorney general actions.
Does the losing robocaller pay my attorney’s fees?
The TCPA has no fee-shifting provision. Many consumer TCPA lawyers work on contingency and are paid a share of what they recover.
How are TCPA violations counted?
Generally, each call, text, or fax that breaks the law is a separate violation, though courts may differ on the details.
Can I sue over unwanted marketing texts to a number on the Do Not Call Registry?
It depends on where you live. Federal courts disagree, and in some states these claims currently cannot proceed in federal court. An attorney can tell you whether federal or state law covers your texts.
Sources
- 47 U.S.C. 227, Telephone Consumer Protection Act (Cornell LII)
- eCFR: 47 CFR 64.1200, Delivery restrictions (current through Sept. 21, 2026)
- FCC news release (May 23, 2024): proposed $6 million fine for Biden deepfake robocalls
- eCFR: 16 CFR 310.4, Telemarketing Sales Rule abusive practices
- 15 U.S.C. 6104, private actions under the Telemarketing Act (Cornell LII)