You are working through your debt.
The unwanted calls should not be part of it.
If you are enrolled in a debt settlement or credit repair program and are receiving unwanted robocalls or automated text messages, federal law may entitle you to $500 per illegal call, or up to $1,500 per call if the violations were willful or knowing, under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227.
You do not have to tolerate it. Submit the form and an attorney will review your situation within one business day. Already finished your program? See post-settlement claims →
Sources: FTC, CFPB, YouMail Robocall Index
- Cell phone calls without your consent
- Calls after your number was registered on the Do Not Call list (31-day window)
- Calls that continued after you asked them to stop
- Prerecorded or robotic voice messages
- Automated text messages without your written consent
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What to Do Right Now
- Register your number at donotcall.gov if you have not already.
- Do not delete any calls, texts, or voicemails from your phone.
- Every time they call again, note the date, time, and number.
- If they call again after submitting this form, that is a new potential violation. Write it down.
- If they leave a voicemail, do not delete it and do not call back using the number they leave.
- If any of the calls are from companies trying to collect a debt you owe (not just offering services), note that separately. Debt collection calls may be covered by additional federal law and could affect how we approach your case.
Evidence handling: When an attorney contacts you, we will provide a secure way to share voicemail audio and screenshots. Please do not email sensitive files to us until we have confirmed representation.
Questions? Call (914) 809-0179 or email inquiries@rausarusso.com
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How It Works
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Submit This Form
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2
Attorney Reviews Your Case
We contact you within one business day to discuss your situation.
3
We Pursue Your Claim
Fee structure discussed at consultation. You focus on your finances; we handle the legal work.
What Qualifies as a TCPA Violation
The following conduct may violate the Telephone Consumer Protection Act and entitle you to statutory damages:
- Cell phone calls without prior express consent using an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice (47 U.S.C. § 227(b)(1)(A)).
- Calls to a number registered on the National Do Not Call Registry after the 31-day compliance window closes (47 U.S.C. § 227(c)).
- Calls or texts that continued after you revoked consent, whether you revoked orally, by text, or in writing.
- Automated marketing texts without prior express written consent as required by 47 C.F.R. § 64.1200(f)(9).
Following the Supreme Court's decision in Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), an ATDS must use a random or sequential number generator to either store or produce the numbers called. However, calls made with prerecorded or artificial voice messages remain prohibited regardless of the dialing method used.
Damages Available Under the TCPA
Under 47 U.S.C. § 227(b)(3), a consumer who receives calls in violation of the TCPA may recover:
| Damage Type | Amount |
|---|---|
| Statutory damages | $500 per violation (each call or text is a separate violation) |
| Treble damages (willful violations) | Up to $1,500 per violation if the court finds the defendant willfully or knowingly violated the TCPA |
| Injunctive relief | Court order requiring the defendant to stop the unlawful calls or texts |
Because each individual call or text message counts as a separate violation, damages can accumulate quickly for consumers who have received numerous unwanted communications.
You May Have More Than One Claim
If the companies calling you are debt collectors pursuing an existing debt, the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, may also apply to your situation.
The FDCPA includes a fee-shifting provision under 15 U.S.C. § 1692k(a)(3). This means that if you prevail in your case, the debt collector is required to pay your reasonable attorney's fees and litigation costs. In practice, this means that most FDCPA cases can be pursued at no out-of-pocket cost to the consumer.
The FDCPA also prohibits harassment or abuse (15 U.S.C. § 1692d), false or misleading representations (15 U.S.C. § 1692e), and unfair collection practices (15 U.S.C. § 1692f) by debt collectors, independent of the robocall issue.
Whether FDCPA claims apply to your situation depends on the facts. An attorney will evaluate both statutes during your free consultation.
Evidence Strengthens Your Case
You do not need all of this to contact us, but the more you document now, the stronger your position. Here is where to start.
Screenshots and Logs
- Screenshot your recent call log (iPhone: Recents; Android: Phone app). Capture the number, date, and time.
- Screenshot any unwanted text message threads, including the sender's number and timestamps.
- Save voicemails. Do not delete them. A prerecorded voicemail is often the most valuable piece of evidence.
Your Request to Stop
- If you asked a company to stop calling, note the date, time, and what you said.
- If you replied STOP by text, screenshot the sent message and any response.
- Calls received after a documented stop request may carry higher damages.
Do Not Call Registry
- Check your status at donotcall.gov. Register if you have not already (free, two minutes).
- Calls received more than 31 days after registration may be separate violations.
Dealing with Debt and Unwanted Robocalls?
If companies are calling or texting you without your consent while you are working through debt, you may have claims under federal law. Contact Rausa Russo Law for a free consultation.