Illegal Telemarketing: Know Your Rights and How to Fight Back
Did you know you can fight back against illegal telemarketers—and even sue for money damages?
Most people don’t realize this, but you do have legal rights when it comes to unwanted telemarketing calls—and in many cases, you can sue for real money.
If you're on the Federal Do Not Call (DNC) Registry, it's illegal for most telemarketers to call you, even if the person on the line is a live human being. That's right: even live telemarketing calls are usually illegal if your number is on the DNC list. And if the call uses an artificial or prerecorded voice, that’s another separate violation of federal law (specifically, the Telephone Consumer Protection Act, or TCPA).
The law allows consumers to sue for statutory damages of up to $500 per call—and up to $1,500 per call if the company willfully or knowingly broke the law. Other states have even higher penalties. If you live in Texas, the state’s law is even tougher: violators can owe you up to $8,000 per illegal call under the Texas Business and Commerce Code if they conduct telemarketing while failing to register for a telemarketing license.
Of course, it's not always easy. To successfully bring a case, you need to document everything:
Write down the date and time of the call
Note the phone number that called you
Record what they were selling or promoting
Try to identify the company or companies involved—listen carefully and ask questions
Save voicemails and consider recording calls if it’s legal in your state
It takes diligence, but holding illegal telemarketers accountable is worth it—not only for the damages you can recover, but to help shut down bad actors targeting consumers nationwide.
Everyday Plaintiff is about educating people about their legal rights and showing them how everyday laws can be used to protect their privacy and pocketbook. If you’ve been harassed by unwanted telemarketing calls, it’s time to fight back.
This post is for education purposes only and does not constitute legal advice.