TCPA Penalties: $500 to $1,500 Per Call

TCPA Statutory Damages: $500 to $1,500 Per Violation

The TCPA sets a price for each violation, so you do not have to prove how much a robocall harmed you. There are two private damages provisions, and they are worded slightly differently.

Notice the difference. Under 227(b)(3), the $500 is fixed: “to receive $500 in damages for each such violation.” Under 227(c)(5), the text says “up to $500,” which gives a court room to award less. Do not assume the full $500 on a Do Not Call claim.

Treble Damages for Willful or Knowing TCPA Violations

The increase to $1,500 is discretionary. The statute says the court “may, in its discretion, increase the amount” if it finds the defendant “willfully or knowingly violated” the law. Evidence that helps includes calls that continued after you asked them to stop, a caller who admitted knowing your number was on the Registry, or a company with prior complaints for the same conduct.

TCPA Damages Calculator: Worked Examples

These examples show the math only. They assume each call is a proven violation and no defense applies. Real cases settle for more or less, depending on evidence, the defendant’s ability to pay, and whether the case is an individual or a class action.

A note on the texting example: a 227(b) text claim requires an autodialer or an artificial or prerecorded voice. The Supreme Court narrowed the definition of an autodialer in 2021, so many texts sent after a STOP request are instead brought as do-not-call claims under 227(c), where the rules below apply.

Want to run your own numbers? The TCPA case value calculator does the same arithmetic with your call count.

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. The figures shown are statutory amounts and illustrations, not predictions or guarantees of what any person will recover. Laws and court interpretations also change over time. For advice about your specific situation, speak with a licensed attorney.

Do Text Messages Count Under the TCPA?

Texts count differently depending on the claim. For autodialed marketing texts under 227(b), the FCC and the appeals courts that have ruled treat texts as calls. Since a recent Supreme Court decision, courts are no longer required to follow FCC interpretations of the statute, so expect more independent analysis going forward.

Do Not Call damages for texts under 227(c)(5) are contested. In July 2026, the Seventh Circuit held in Steidinger v. Blackstone Medical Services that texts are not “telephone calls” under that section, so in Illinois, Indiana, and Wisconsin, a Registry-only text claim is worth $0 in federal court. The Ninth Circuit has reached the opposite conclusion, creating a circuit split, and other courts have not settled the question. Do Not Call claims based on actual voice calls are unaffected. Some state telemarketing laws also cover texts and may offer a separate route.

Can One Robocall Count as Two TCPA Violations?

Sometimes one call breaks two different rules: for example, a prerecorded sales call to a cell phone that is also on the Do Not Call Registry. The prerecorded-call claim falls under 227(b)(3) and the Registry claim under 227(c)(5). The two provisions are separate, each with its own “for each such violation” language, and at least one federal appeals court has allowed recovery under both for the same call. Whether your court will do the same is a question to put to a lawyer before you count on doubled damages.

What TCPA Damages Do Not Include

• No attorney fee provision. Section 227 contains no clause shifting attorney’s fees to the losing caller. Consumer lawyers usually take TCPA cases on a contingency basis, paid from the recovery.
• No separate punitive damages clause. The only multiplier in 227(b)(3) and (c)(5) is the willful or knowing increase.
• No damages for a single Do Not Call call. Section 227(c)(5) requires more than one call in 12 months from the same entity.

Who Is Liable for Telemarketing Calls: Seller, Call Center, or Both

Many sales calls are placed by a call center or lead generator working for someone else. The statute reaches both. Section 227(c)(5) covers calls made “by or on behalf of the same entity,” so the company whose product was being sold can be responsible for calls a vendor placed for it. The FCC’s rules make the point directly for do-not-call lists: if a third party keeps the list, “the person or entity on whose behalf the call is made will be liable for any failures to honor the do-not-call request” (64.1200(d)(3)). The fax rules take a similar approach to opt-out requests.

This matters for collecting. An offshore dialing shop may be impossible to sue or collect from. 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.

When Actual Damages Beat the $500 Statutory Award

Both damages provisions let you choose your “actual monetary loss” if it is greater than the statutory amount. For most people, it is not. But the cell phone ban in 227(b)(1)(A)(iii) also covers “any service for which the called party is charged for the call,” and a business flooded with junk faxes may have real costs in paper, toner, and staff time. Keep receipts if the calls or faxes cost you money. Otherwise, the $500 figure is 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. The rules for FCC forfeitures are in 47 U.S.C. 227(b)(4):

• An ordinary violation carries a forfeiture set under the Communications Act’s general penalty formula (47 U.S.C. 503(b)(2)).
• A violation made “with the intent to cause such violation” adds “an additional penalty not to exceed $10,000” per violation.
• The FCC must act within a set window after the violation, and that window is longer for intentional violations.

Caller ID Spoofing Penalties Under the Truth in Caller ID Act

Caller ID spoofing has its own penalty. Under 47 U.S.C. 227(e)(5), the FCC may fine up to $10,000 per violation, or three times that for each day of a continuing violation, capped at $1,000,000 for a single act. Willful and knowing spoofing is also a crime punishable by fines on the same scale.

One example: the FCC fined political consultant Steve Kramer $6 million for spoofed robocalls that used an AI clone of President Biden’s voice to tell New Hampshire voters to skip the 2024 primary. The agency first proposed the fine and later finalized it in a forfeiture order. None of that money goes to the people who got the calls.

State Attorney General TCPA Lawsuits

Under 47 U.S.C. 227(g), a state attorney general may sue on behalf of residents for “a pattern or practice” of violations and recover actual losses, $500 in damages for each violation, or both, with the award trebled for willful or knowing conduct.

Telemarketing Sales Rule Penalties vs. the TCPA

The FTC enforces the Telemarketing Sales Rule, which also bans Registry calls and calls outside 8 a.m. to 9 p.m. Consumers can sue under 15 U.S.C. 6104 only if actual damages exceed $50,000 per person, and only within a limited time after discovering the violation. For almost every individual, the TCPA’s per-call damages are the better route.

TCPA Class Action Settlements and Payouts

When a company made the same kind of call to thousands of people, statutory damages multiply fast, which is why many TCPA cases are class actions. Class members usually receive a share of a settlement fund rather than $500 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 fall within the filing deadline. Separate them by rule: robocalls or texts without consent, Registry calls, and calls after you said stop. Note any facts that show the caller knew what it was doing. Then read our walk-through on how to sue a telemarketer to see what a claim looks like from demand letter to settlement, or ask a lawyer whether individual or class treatment fits your facts. 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?

At least $500 per violation under 47 U.S.C. 227(b)(3), or your actual loss if higher. If the court finds the violation was willful or knowing, it may increase the award to up to $1,500 per violation. Do Not Call claims are up to $500 per violation, with the same trebling option.

Is the $1,500 automatic for repeated calls?

No. Trebling is up to the court. You must show the caller acted willfully or knowingly, for example, by continuing to call after you asked it to stop.

Do FCC fines go to consumers?

No. FCC forfeitures are paid 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. Most consumer TCPA lawyers work on contingency and are paid a share of what they recover.

How are TCPA violations counted?

Each call, text, or fax that breaks the law is a separate violation. Twenty unlawful texts can be twenty violations.

Can I sue over unwanted marketing texts to a number on the Do Not Call Registry?

It depends on where you live. Federal appeals courts disagree, and in Illinois, Indiana, and Wisconsin, those claims are not available in federal court. A lawyer can tell you whether federal or state law covers your texts.