Robocall Lawsuit: Suing Over Unsolicited Robocalls Under the TCPA

A robocall is a call that plays a prerecorded or artificial voice, or one placed by automated equipment. The TCPA does not ban all of them; it bans specific kinds made without the right consent. Lawsuits usually allege:

• Prerecorded or artificial voice calls to cell phones without consent. This is the most common basis for robocall class actions, including AI-voice calls.
• Telemarketing to numbers on the National Do Not Call Registry. Two or more sales calls in 12 months to a registered number can support a claim.
• Ignoring stop requests. Companies must keep an internal do-not-call list and honor requests.
• Calls to reassigned numbers. Companies calling for a former owner of your number. See wrong number robocall lawsuits.

The scale is enormous. YouMail's Robocall Index estimated about 3.9 billion robocalls were placed nationwide in August 2026, roughly 125 million per day and 11.8 per person. Most come from scammers who are hard to find and sue, so lawsuits focus on identifiable businesses and the marketers who call for them.

Who gets sued

Robocall campaigns often involve layers of companies: a brand that wants customers, a lead generator that buys or collects phone numbers, and a call center or dialing platform that places the calls. TCPA lawsuits commonly name the brand whose product was pitched, on the theory that the calls were made on its behalf. That is why remembering the product or company mentioned in the call matters so much. Common campaigns that end up in court include extended auto warranties, health and life insurance, solar panels, home services, debt relief, and loan offers.

Concora Credit

Concora Credit agreed to a $9,375,000 settlement of claims that it placed prerecorded voice calls to the cell phones of people who were not its account holders between May 2, 2021 and May 31, 2026. The deadline to file a claim, opt out, or object is October 19, 2026, on the official settlement website. Concora denies wrongdoing.

Molina Healthcare

In Kruzel v. Molina Healthcare (D. Or. No. 6:23-cv-01183), Molina agreed to a $1,927,500 non-reversionary fund over prerecorded calls about health plan accounts that did not belong to the people called, between May 30, 2021 and April 21, 2026. The final approval hearing was set for August 17, 2026.

Other TCPA settlements

We track other telemarketing settlements separately, including the Momentum Solar TCPA settlement and the Farmers Insurance TCPA settlement.

There is no single robocall class action. Each case targets one company or marketing campaign. Three court decisions shape all of them in 2026:

• Facebook v. Duguid (April 1, 2021). The Supreme Court narrowed the definition of an autodialer to equipment that uses a random or sequential number generator. That made "autodialer" claims harder, so most cases now focus on prerecorded or artificial voices and Do Not Call rules.
• Insurance Marketing Coalition v. FCC (January 24, 2025). The Eleventh Circuit vacated the FCC's rule that would have required "one-to-one" consent for each seller, finding the FCC exceeded its authority.
• McLaughlin Chiropractic v. McKesson (June 20, 2025). The Supreme Court held that district courts are not bound by the FCC's interpretation of the TCPA and must read the statute themselves, giving the agency only appropriate respect.

The practical effect is more variation between courts. Questions the FCC once settled, such as whether text messages count as "calls," are now being decided circuit by circuit. That matters more for texts than for voice robocalls, which plainly are calls. In July 2026 the Seventh Circuit held that text messages are not "telephone calls" under the Do Not Call private right of action, while the Ninth Circuit had treated texts as calls under a different part of the statute in January 2026. Our spam text lawsuit page covers that split.

Filing volume remains high. Plaintiffs' firms bring TCPA class actions against lenders, insurers, retailers, health plans, and home service companies, and many settle before a class is certified. The strongest cases involve a clear recorded voice, a registered number, and no plausible consent record.

You may have a claim if:

1. The call used a prerecorded or artificial voice and went to your cell phone, and you never gave the caller consent, or
2. Your number was on the Do Not Call Registry for at least 31 days and the same company made two or more sales calls to you within 12 months, or
3. You asked the company to stop and it kept calling.

The caller must be identifiable. Lawsuits need a defendant, so calls from a company you can name, or that an attorney can trace through the product being pitched, are the ones that lead to cases.

Who probably does not qualify: people who gave the company their number and agreed to calls (for example, in a loan or insurance application), people who received a single call, calls from political campaigns and charities in some situations, and purely informational calls from a company you do business with. Consent can be revoked, though, and calls after you revoke may still count.

Violation	Per call	If willful or knowing
Prerecorded voice or autodialer call without consent	$500	Up to $1,500
Do Not Call violation (2 or more calls in 12 months)	Up to $500	Up to $1,500

The statutory damages are per call, so an individual who got 20 unlawful calls could in theory recover $10,000, or up to $30,000 if willful. That is why individual TCPA suits can be worth filing.

Class settlements work differently. A class settlement fund is split among everyone who files a valid claim after attorney's fees and costs, so payments are usually a small fraction of $500 per call. Payouts depend on how many people claim. Read how much you can get from a TCPA lawsuit for worked examples.

If you received a large number of calls, it can make sense to talk to a lawyer before filing a claim in a class settlement. Filing a claim, or doing nothing, releases your claims against that company. Opting out by the deadline preserves your right to sue on your own, which may be worth more when the call count is high and the evidence is strong.

• 47 U.S.C. § 227(b). Bars calls using an autodialer or an artificial or prerecorded voice to cell phones without prior express consent, and prerecorded calls to residential lines in many situations. The private right of action allows $500 per violation, trebled for willful violations.
• 47 U.S.C. § 227(c)(5). Gives a private right of action to anyone who received more than one telephone call within 12 months by or on behalf of the same entity in violation of the Do Not Call rules.
• 47 C.F.R. § 64.1200. The FCC's rules, including the Do Not Call Registry, internal do-not-call lists, and calling-hour limits. Read our page on TCPA quiet hours violations.
• State laws. Florida, Oklahoma, and other states have their own telemarketing statutes. Florida's allows $500 per violation, up to three times that for willful violations.

What counts as consent

Consent is the central defense in almost every robocall case. For informational prerecorded calls to a cell phone, such as an appointment reminder, "prior express consent" is required, and giving your number to a business for a related purpose can count. For telemarketing robocalls, FCC rules require "prior express written consent": a signed agreement, which can be electronic, that clearly authorizes the seller to deliver marketing calls using an autodialer or prerecorded voice to a specific number, and that says consent is not a condition of purchase.

That means a company claiming you "opted in" must usually show a record of it. Consent buried in a website form you never filled out, or collected by a lead generator for a different company, is often contested. You can also revoke consent by any reasonable means, such as telling a live agent or replying to a text, and calls after revocation can be violations.

For a full overview, see the TCPA explained.

The TCPA does not set its own deadline, so the general federal statute of limitations of 4 years for laws enacted after December 1, 1990 applies. Each call starts its own 4-year clock, so calls from the last 4 years can still support a claim even if earlier calls are too old.

Settlements have their own, much shorter deadlines. For example, claims in the Concora Credit settlement must be filed by October 19, 2026. Missing a settlement deadline usually means giving up the payment while still being bound by the release unless you opted out.

1. Screenshot your call log regularly. Phones delete old entries. Screenshots show the number, date, and time.
2. Save voicemails. A recorded or robotic voice on a voicemail is some of the best evidence of a prerecorded call. Export them to a computer or cloud folder so a phone upgrade does not erase them.
3. Identify the company. Note the business named in the call. If a live person picks up after a recording, ask who they work for.
4. Check your registry date. Verify your registration at donotcall.gov and save the confirmation.
5. Tell them to stop, and write it down. Note the date, the time, how you asked, and the name of anyone you spoke with. Calls after that date are often the strongest part of a case.
6. Do not press buttons to "opt out" of scam calls. That can confirm your number is active. Block and report scam calls instead; see how to stop robocalls and spam texts.

Allegations in pending TCPA cases are unproven until a court rules or the company settles. If an identifiable company keeps robocalling you, a free case review takes about two minutes.