Sick of Robocalls, Texas? How to Fight Back & Get Paid

Silence the Ring: A Texas Consumer's Guide to Fighting Unsolicited Telemarketing Calls

Few things are as disruptive and irritating as an unexpected telemarketing call. Whether it's a relentless robocall about an "expiring car warranty" or a live salesperson pitching something you don't need, these intrusions aren't just annoying – they can often be illegal. Here in Texas, consumers have powerful rights designed to protect their peace and privacy. This article will arm you with the knowledge and actionable steps you need to fight back against unsolicited telemarketing calls and potentially even secure compensation.

Understanding Your Rights: The Legal Framework

While the problem of unwanted calls is widespread, the primary legal muscle comes from the federal Telephone Consumer Protection Act (TCPA) of 1991, along with rules set by the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC). As a Texan, these federal laws apply directly to you, providing robust protections against a variety of telemarketing abuses. Though Texas has its own Deceptive Trade Practices Act (DTPA), the TCPA is usually the most direct and powerful tool for unsolicited calls.

• 📞 Automated Dialers (ATDS): The TCPA strictly limits calls made using an "automated telephone dialing system" (ATDS) or an artificial or prerecorded voice to cell phones without your prior express consent. This is a crucial distinction, as many illegal robocalls rely on such systems.
• 🗣️ Prerecorded Messages: Similar to ATDS, prerecorded voice messages to cell phones are generally prohibited without consent.
• 🚫 Do Not Call Registry: The National Do Not Call (DNC) Registry is a cornerstone of consumer protection. Companies are prohibited from calling numbers on this registry, with a few exceptions (like those with whom you have an "established business relationship" or non-profits).
• 📱 Text Messages: The TCPA also extends its protections to unsolicited text messages, treating them similarly to calls.
• 🕒 Calling Hours: Telemarketers are generally only allowed to call between 8:00 AM and 9:00 PM in the call recipient's local time zone.

The core principle behind the TCPA is consent. Unless you've given prior express consent to be called, many telemarketing calls are illegal.

What Constitutes an Unlawful Call?

Knowing when a call crosses the line from annoying to illegal is key to protecting yourself. Here are common scenarios that often violate the TCPA:

• ⛔ Calls to Cell Phones Without Consent: If you receive a robocall or a call with a prerecorded message on your cell phone and you never gave the company permission to call you, it's likely illegal. This includes calls about promotions, debt collection (in many cases), or fraudulent schemes.
• 📜 Calls to Numbers on the Do Not Call Registry: If your number has been on the DNC Registry for at least 31 days, and you receive a telemarketing call from a company with whom you do not have an established business relationship, it’s generally a violation.
• 🛑 Calls After You've Opted Out: Even if you initially gave consent (perhaps by filling out a form or signing up for something), you have the right to revoke that consent at any time. If a company continues to call you after you've explicitly told them to stop, they are likely violating the law.
• 🤔 Calls from Unknown Companies/Scams: Many calls originate from companies attempting to scam consumers or gather personal information. These often employ illegal tactics from the outset.

Your Action Plan: Steps to Take When You Receive an Unwanted Call

Don't just endure these calls. Take proactive steps to protect yourself and build a potential legal case.

1. ✅ Register Your Number on the National Do Not Call Registry:
   • 📞 How to Register: Visit www.donotcall.gov or call 1-888-382-1222 (TTY: 1-866-290-4236). Registration is free and your number stays on the list permanently unless you remove it.
   • ⚠️ Understand Its Limitations: The DNC Registry stops legitimate telemarketers, but it won't stop political calls, calls from charities, or companies with whom you have an existing business relationship (unless you explicitly tell them to stop). It also won't deter scammers, which is where your other legal rights come into play.
2. 📝 Document Everything:

   This is arguably the most critical step. Detailed records are the backbone of any successful claim.

   • 🗓️ Date and Time: Note the exact time and date of each call.
   • ☎️ Caller ID Information: Write down the number displayed on your caller ID. If no number is displayed ("Unknown," "Private," etc.), note that as well.
   • 🗣️ Company Name: If the caller identifies themselves or their company, write it down. If they don't, note that.
   • 💬 Call Content: Briefly describe what the call was about (e.g., "car warranty," "credit card services," "debt relief," "solar panels"). Note if it was a live person, a prerecorded message, or a silent call.
   • 🔢 Number of Calls: Keep a running tally of how many times a specific company or number has called you.
   • 🚫 Opt-Out Attempts: Record every instance you've asked them to stop calling, how you did it (e.g., "I pressed 1 to opt out," "I told the agent to stop calling"), and the date.
   • 🎤 Consider Recording: Texas is a "one-party consent" state, meaning you can legally record a phone call as long as you are a party to the conversation. Recording calls can provide powerful evidence, but ensure your recording method is reliable and admissible.
3. 🛑 Explicitly Revoke Consent:

   If you engage with a live caller, be clear and direct:

   • 🗣️ "I revoke any prior consent I may have given to be called."
   • 🚫 "Do not call this number again. Remove me from your calling list."
   • 🙅‍♀️ Avoid engaging in a long conversation. State your request firmly and hang up.
   • ✍️ If you have an established business relationship, you can often revoke consent in writing (email or postal mail) for a clearer paper trail.
4. 🚨 Report the Calls:
   • 🏢 FCC and FTC: File a complaint with both the Federal Communications Commission (FCC Consumer Complaint Center) and the Federal Trade Commission (FTC Complaint Assistant). While these agencies may not act on individual complaints, they use the data to identify patterns and take enforcement actions against major violators.
   • ➡️ Your Phone Carrier: Many carriers offer services to block or filter unwanted calls. Check with your provider.
5. ⚖️ Seek Legal Counsel:

   If the calls persist, especially after you've documented them, revoked consent, and registered on the DNC, it's time to speak with an attorney specializing in consumer protection. They can evaluate your case and guide you through the legal process.

Understanding Potential Compensation: What Your Case Could Be Worth

The TCPA provides for significant statutory damages, which means you don't necessarily need to prove you suffered financial harm to recover money. These damages are designed to punish violators and deter future illegal activity.

• 💰 Basic Statutory Damages: For each violation of the TCPA, you may be entitled to $500. This applies to calls made to a number on the DNC Registry or calls to a cell phone using an ATDS or prerecorded voice without your consent.
• 💸 Willful or Knowing Violations: If the company knowingly or willfully violated the TCPA (meaning they knew or should have known their actions were illegal), the damages can be tripled to $1,500 per violation. This often applies when calls continue after you've explicitly revoked consent or after repeated DNC violations.
• ⚖️ Per Call, Not Per Case: It's important to understand that these damages are typically awarded per call or per text message. If you receive multiple illegal calls from the same entity, the potential compensation can add up quickly. For instance, ten illegal calls at $500 each could result in $5,000, or $15,000 if willful.
• 👨‍⚖️ Attorney's Fees: In many TCPA cases, successful plaintiffs can also recover their attorney's fees and litigation costs, making it economically feasible to pursue these claims.

These compensation ranges are based on typical awards and settlements in Texas and across the U.S. for TCPA violations. While specific outcomes vary, the framework is designed to provide meaningful recourse to consumers.

Hypothetical Texas Cases

Let's look at a few scenarios typical for Texas consumers, illustrating how these laws might apply:

Hypothetical Case 1: The Persistent Solar Panel Pitch

Sarah, a homeowner in Austin, registered her cell phone on the National Do Not Call Registry two years ago. For the past two months, she's been receiving daily prerecorded calls on her cell phone, pitching "zero-down solar panel installations" from a company she's never heard of. Each call uses a robotic voice and gives her an option to "press 1 for more information" or "press 9 to be removed from our list." She's pressed "9" multiple times, but the calls continue from slightly different numbers with similar prefixes. Sarah has documented 30 such calls.

• ⚖️ Legal Principle: Calls to a cell phone with a prerecorded voice or ATDS without prior express consent are illegal, especially to a number on the DNC Registry. Continuing calls after opting out suggests willful violation.
• 💰 Potential Outcome: Given 30 calls and evidence of opting out, Sarah could potentially pursue a claim for willful violations. At $1,500 per call, 30 calls could amount to $45,000 in statutory damages.

Hypothetical Case 2: The "Expiring Warranty" Robocalls

David in Dallas regularly gets calls about his "vehicle's expiring warranty" on his cell phone, even though he purchased his car recently and the warranty is far from expiring. The calls are always prerecorded, and the caller ID shows varying, seemingly spoofed numbers (e.g., local Dallas area codes but different numbers each time). David never gave consent to these companies and doesn't know who they are. He starts documenting, and after two weeks, he has recorded 15 such calls.

• ⚖️ Legal Principle: Unsolicited prerecorded calls to a cell phone without prior express consent are clear TCPA violations. The use of spoofed numbers doesn't negate liability for the actual entity behind the calls.
• 💰 Potential Outcome: Assuming these are basic TCPA violations at $500 per call, 15 calls could yield $7,500. If the caller can be identified and their conduct is deemed willful (e.g., they ignored previous complaints or are known repeat offenders), it could rise to $22,500.

Hypothetical Case 3: Revoking Consent from a Previous Relationship

Maria from San Antonio once inquired about a personal loan online. She decided not to proceed but started receiving daily automated calls and text messages from the lending company, urging her to complete her application. She replied to a text message saying, "STOP CALLING ME. I REVOKE CONSENT." She also verbally told a live agent during one of the calls, "Do not call this number again." Despite this, the calls and texts continued for another three weeks. She documented 20 calls and 10 texts after her explicit revocation.

• ⚖️ Legal Principle: While an initial inquiry might establish some form of consent, the right to revoke that consent is absolute. Continuing to call or text after an explicit revocation is a strong indicator of a willful violation.
• 💰 Potential Outcome: With 20 calls and 10 texts, each being a potential willful violation after revocation of consent, Maria could potentially seek 30 x $1,500, totaling $45,000 in damages.

Common Mistakes Texas Consumers Make

Avoiding these pitfalls can strengthen your position if you decide to pursue legal action:

• 🗣️ Engaging Too Much: Don't get into arguments or lengthy discussions. State your intent to revoke consent or hang up.
• 🤫 Not Documenting: Without records, it's your word against theirs. Consistent documentation is vital.
• 📞 Ignoring the Calls Completely: While tempting, ignoring calls entirely makes it harder to gather information and demonstrate a pattern of harassment or your attempts to opt-out.
• 🤦‍♀️ Giving Out Personal Information: Never provide sensitive data (Social Security number, bank account details, credit card numbers) to unsolicited callers.
• ⏳ Waiting Too Long: Evidence can be lost, and memories fade. Act promptly to document and consider your options.

Key Deadlines: Don't Miss Your Window

For TCPA claims, there is generally a four-year statute of limitations from the date of the violation. This means you must file your lawsuit within four years of the last illegal call or text message. While four years might seem like a long time, starting the process sooner ensures that evidence is fresh and available.

Why Take Action? More Than Just Money

Pursuing a claim against an illegal telemarketer isn't just about potential compensation for you. It's about:

• 🔇 Stopping the Calls: A lawsuit is a powerful way to make them stop calling you and others.
• accountability: Holding companies accountable for breaking the law.
• 🛡️ Protecting Your Privacy: Reclaiming control over your personal space and privacy.
• deterring future abuses: Each successful case helps to deter other companies from engaging in similar illegal practices.

You don't have to tolerate constant intrusions into your life. Here in Texas, you have robust legal rights and resources to fight back. By understanding the law, meticulously documenting every interaction, and seeking experienced legal counsel, you can turn the tide against unsolicited telemarketing calls and ensure your peace of mind.

Disclaimer: This article provides general information and is not intended as legal advice. The information provided may not apply to your specific situation, and laws can change. You should consult with a qualified attorney for advice regarding your individual circumstances. No attorney-client relationship is formed by reading this article.