Landmark Law Partners · Attorney advertising

Robocall claims: what to keep after the call

A recorded sales pitch comes through, and you want to know whether the call broke the law. Keep the message if you can. What the caller said, when they called, and any permission you gave can all matter.

Which calls raise TCPA questions?

The TCPA restricts certain calls that use an artificial or prerecorded voice. Consent matters. Exceptions can apply.

Some calls made with an automatic telephone dialing system also fall under the law, but that term has a specific legal definition. A call sounding automated doesn't establish which technology the caller used.

A live telemarketing call can involve different rules. Before deciding whether there's a claim, Landmark considers the purpose of the call, the number reached, and the surrounding facts.

Keep the voicemail and call details

Start with the date, time, and number shown on your phone. Keep the original voicemail and any recording or transcript you lawfully have, especially if the caller names a business or describes an offer that helps identify who was behind the call.

Numbers can be spoofed. Keep the message itself.

If you've dealt with that business before, save the signup or purchase information and any permission you gave it to call. Include requests to stop and later calls from the same business. Follow applicable law when making recordings.

Could you recover $500 or $1,500?

A qualifying violation under the TCPA's automated-call provisions can support $500 in statutory damages. A court may increase that award to up to $1,500 for a willful or knowing violation. Recovery is not guaranteed, and every robocall must be assessed on its facts.

Send records through Speechbolt

Landmark considers cases submitted through Speechbolt. Use the app to organize your available records and select the ones you want the firm to receive. Landmark decides whether it can take the case.

See how submission works or read the TCPA claims guide. If the contact came by text, the spam text guide explains what to keep.

Legal source: 47 U.S.C. § 227, Telephone Consumer Protection Act. Whether the law applies depends on the facts and current rules.