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Robocalls and spam texts: your rights under the TCPA and New York law

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

The federal Telephone Consumer Protection Act (TCPA) bans most calls to cell phones made with an autodialer or a prerecorded or artificial voice without your prior express consent, and most prerecorded calls to home phones. Telemarketing robocalls and robotexts need your prior express written consent. Telemarketers can't call numbers on the national Do Not Call Registry, or call before 8 a.m. or after 9 p.m. You can revoke consent any reasonable way — replying 'STOP' to a text counts — and the caller must honor it within 10 business days. You can sue for $500 per violation, up to $1,500 if it was willful or knowing.

Read on for the details, the exceptions and the sources.

In plain words

TCPA
The Telephone Consumer Protection Act, 47 U.S.C. § 227 — the main federal law against robocalls, robotexts and junk faxes.
Autodialer
An 'automatic telephone dialing system' — equipment that dials numbers automatically. Whether a particular system counts is often disputed.
Prior express written consent
Your signed agreement, written or electronic, to receive marketing robocalls or robotexts from a specific seller.
Do Not Call Registry
The national list of numbers that telemarketers may not call.

What is it?

The TCPA makes it unlawful to call a cell phone using an autodialer or an artificial or prerecorded voice, without the called party's prior express consent, unless it's an emergency (47 U.S.C. § 227(b)(1)(A)(iii)), and to make prerecorded-voice calls to a residential line without consent, unless an exemption applies (§ 227(b)(1)(B)). The FCC's rules require prior express written consent for such calls when they are telemarketing (47 C.F.R. § 64.1200(a)(2)), and apply the do-not-call rules to telemarketing calls and texts to cell phones (§ 64.1200(e)).

New York's General Business Law § 399-z adds that telemarketers may not make unsolicited telemarketing sales calls to numbers that have been on the national do-not-call registry for 31 days (§ 399-z(5)), and sets its own rules for prerecorded sales calls (§ 399-z(6)–(7)).

Who qualifies?

  • Anyone who receives an autodialed or prerecorded call or text on a cell phone without having given prior express consent (§ 227(b)).
  • Anyone who receives a prerecorded-voice call on a residential line without consent, unless an exemption applies (§ 227(b)(1)(B)).
  • Anyone who received more than one telemarketing call within 12 months by or on behalf of the same company in violation of the do-not-call rules — for example after registering on the national registry, or after asking that company to stop (§ 227(c)(5); 47 C.F.R. § 64.1200(c)–(d)).

Exceptions

  • Calls made for emergency purposes, or with your prior express consent (§ 227(b)(1)).
  • The do-not-call rules cover 'telephone solicitations'. That term excludes calls to someone who gave prior express invitation or permission, calls to someone with an established business relationship with the caller, and calls by tax-exempt nonprofits (§ 227(a)(4)).
  • The FCC has exempted certain calls and texts that are free to the recipient, such as some package delivery notices and some messages from financial institutions, subject to conditions (47 C.F.R. § 64.1200(a)(9)).
  • Calls dialed by hand and spoken by a live person aren't covered by the autodialer and prerecorded-voice ban in § 227(b), but telemarketing calls are still subject to the do-not-call rules.

How much?

  • Robocall and robotext violations (§ 227(b)): your actual money loss or $500 for each violation, whichever is greater (§ 227(b)(3)(B)).
  • Do-not-call violations: your actual loss or up to $500 for each violation (§ 227(c)(5)(B)).
  • Willful or knowing violations: the court may increase the award to up to three times — up to $1,500 per violation (§ 227(b)(3), § 227(c)(5)).
  • You can also ask a court to order the calls to stop (§ 227(b)(3)(A), (c)(5)(A)).

How is it calculated?

Damages are counted per violation — usually per call or text. For example, 6 robotexts that violate § 227(b) could mean $3,000 in statutory damages, or up to $9,000 if the court finds the violations willful or knowing. For do-not-call claims you need more than one violating call from the same company within 12 months, and the company has a defense if it shows it had reasonable procedures to prevent such calls (§ 227(c)(5)).

What documents do you need?

  • Screenshots of the texts and your call log, showing dates, times and numbers
  • Voicemails or recordings of the prerecorded messages
  • Proof of when your number was added to the Do Not Call Registry
  • Copies of your opt-out requests ('STOP' replies, e-mails, notes of calls)
  • Any evidence of who was behind the calls: company names, websites, callback numbers

How do you get it?

  1. Revoke consent clearly

    Reply 'STOP', 'quit', 'end', 'revoke', 'opt out', 'cancel' or 'unsubscribe' to texts, use the call's opt-out option, or say so in any reasonable way. The caller must honor it within 10 business days and can't insist on one exclusive method (47 C.F.R. § 64.1200(a)(10)).

  2. Register on the Do Not Call Registry

    Registrations must be honored indefinitely until cancelled (§ 64.1200(c)(2)).

  3. Ask the company to put you on its own do-not-call list

    Telemarketers must record your request and stop calling within a reasonable time (§ 64.1200(d)(3)).

  4. Keep a log

    Every call and text after you said stop is potential evidence.

  5. Complain to regulators

    You can complain to the FCC and the FTC. In New York, the Department of State enforces § 399-z and can fine violators up to $20,000 per violation after a hearing (GBL § 399-z(14)).

  6. Consider a lawsuit

    The TCPA lets you sue in state court if state law allows it (§ 227(b)(3), (c)(5)). Small claims court may be an option for smaller claims within its limit.

What if they refuse?

If the calls continue after you've opted out, each new call or text may be a separate violation. Send a written demand to the company, keep logging, and talk to a consumer lawyer — identifying the company behind spoofed numbers can take work.

Deadlines

  • Opt-out requests must be honored within 10 business days (47 C.F.R. § 64.1200(a)(10)).
  • Telemarketing calls only between 8 a.m. and 9 p.m., your local time (§ 64.1200(c)(1)).
  • New York: no telemarketing sales calls to a number on the national registry for 31 days (GBL § 399-z(5)).
  • The TCPA's text doesn't state a deadline to sue, but a general federal time limit may apply. Don't wait: keep your evidence and get advice promptly.

Frequently asked questions

Are spam texts covered by the TCPA?

Yes. The FCC's rules apply the consent and opt-out rules to robotexts and the do-not-call rules to telemarketing texts sent to cell phones (47 C.F.R. § 64.1200(a)(10), (e)).

I replied STOP but they keep texting. What now?

'STOP' is a reasonable way to revoke consent, and the sender must honor it within 10 business days (47 C.F.R. § 64.1200(a)(10)). Texts after that may each be a TCPA violation worth $500, or up to $1,500 if willful (47 U.S.C. § 227(b)(3)).

Does the Do Not Call Registry stop all calls?

No. It covers 'telephone solicitations' — calls encouraging you to buy, rent or invest. That definition excludes calls you invited or permitted, calls from a company you have an established business relationship with, and calls by tax-exempt nonprofits (47 U.S.C. § 227(a)(4)). Other rules, such as the robocall consent rules, may still apply.

Can I sue in small claims court?

The TCPA allows suits in state court if state law permits (47 U.S.C. § 227(b)(3)). New York small claims courts hear money claims within their limits, so a small TCPA claim may fit there.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.