Unwanted robocalls and spam texts are not just an annoyance under federal law, they can be a legal violation with real financial consequences for the company placing them. Attorney Michael G. Salazar Jr. helps Fort Lauderdale consumers pursue claims under the Telephone Consumer Protection Act.
What the TCPA Actually Prohibits
The federal Telephone Consumer Protection Act, found at 47 U.S.C. Section 227, restricts companies from using an automatic telephone dialing system or a prerecorded or artificial voice to call or text a cell phone without the recipient’s prior express consent. A fort lauderdale tcpa violation lawyer can evaluate whether the calls or texts you have been receiving cross that line.
What a Violation Is Worth
The TCPA includes a private right of action, meaning consumers can sue violators directly without needing to prove a specific dollar amount of harm. Statutory damages are set at $500 per violating call or text, and that amount can increase to $1,500 per violation if the conduct is shown to be willful or knowing. Because each individual call or text counts as a separate violation, repeated contact can add up quickly.
Common TCPA Scenarios
- Prerecorded sales calls or ringless voicemail drops with no prior consent
- Automated text messages advertising a product or service you never signed up for
- Calls that continue after you have clearly asked the company to stop
- Debt collection robocalls to your cell phone without your consent
Why Every Call Counts on Its Own
Because each individual call or text is treated as a separate violation under the TCPA, a company that places ten unlawful robocalls to a single consumer can face liability for each of those ten calls individually, not just one overall claim. This structure is part of why persistent, repeated violations from the same company can add up to a meaningful claim relatively quickly.
Consent Can Be Revoked
Even if a consumer originally gave a company permission to call or text them, that consent can generally be revoked at any time, verbally or in writing. Once consent has been clearly revoked, continued automated calls or texts from that company can constitute new, separate violations, regardless of what the original relationship with the business looked like.
Keeping Records Strengthens a Claim
Screenshots of text messages, call logs showing the number and time of each call, and notes about any voicemail content can all help establish a pattern of unlawful contact. Even something as simple as consistently logging when unwanted calls or texts arrive can make a meaningful difference in building a claim later, particularly when the calls are frequent enough that keeping track from memory becomes difficult.
Class Action Considerations
Some TCPA violations affect a single consumer, while others stem from a mass calling or texting campaign that reaches many people using the same unlawful method. When that is the case, claims are sometimes pursued collectively rather than individually. Whether an individual or collective approach makes more sense depends on the specific facts, and an attorney can help evaluate which path fits a given situation.
Frequently Asked Questions
How much can I recover for a TCPA violation?
Statutory damages are generally $500 per violating call or text, which can increase up to $1,500 per violation if the conduct is shown to be willful or knowing. These amounts are set by federal statute and do not require proof of actual financial harm.
Do I need proof of financial loss to bring a TCPA claim?
No. The TCPA allows recovery of statutory damages without requiring proof of a specific dollar loss, since each unlawful call or text is treated as its own violation.
Can I still bring a claim if I originally agreed to be contacted?
Possibly. Consent under the TCPA can generally be revoked, and continued automated contact after a clear revocation can still support a claim. Clearly documenting when and how you revoked consent strengthens this type of claim significantly.
Turning an Annoyance Into Accountability
Most people simply block unwanted numbers and move on, without realizing the calls themselves may represent a legal violation worth pursuing. Attorney Salazar helps Fort Lauderdale consumers evaluate whether the contact they have been receiving crosses into unlawful territory and what recovery may be available, turning a daily annoyance into a legitimate legal claim worth pursuing.
If you are receiving unwanted robocalls or texts in Fort Lauderdale, contact The Salazar Law Firm at (954) 467-1965 to speak with Attorney Michael G. Salazar Jr. There is no cost or obligation to have your specific situation reviewed and evaluated by the firm.
