Telephone Consumer Protection Act (TCPA)

At AJG Law Group, PC, we represent individuals who are subjected to unlawful robocalls, prerecorded voice messages, and unsolicited marketing texts. We hold violators accountable and pursue statutory damages on behalf of consumers whose privacy rights have been violated.

Unwanted robocalls and spam text messages are more than a nuisance — they are often illegal. The Telephone Consumer Protection Act (TCPA) was enacted to protect consumers from intrusive and unauthorized telemarketing practices. Despite these protections, many companies continue to disregard the law, subjecting consumers to repeated automated calls and texts without valid consent. Each unlawful contact may constitute a separate, actionable violation.

Consent Under the TCPA

Prior Express Consent

In most circumstances, companies must obtain prior express written consent before placing automated calls or sending marketing text messages. Consent must be clear, knowing, and voluntary. Consent obtained through unclear disclosures, buried fine print, or pre-checked boxes may not satisfy the TCPA’s requirements. Without valid consent, each unlawful call or text may constitute a separate violation of the statute.

Revocation of Consent

Even where consent was initially provided, consumers have the right to revoke it at any time and through any reasonable means. Once consent is revoked — whether orally, in writing, or by following the company’s opt-out instructions — any subsequent automated contact may violate the TCPA. Companies are required to honor revocation requests promptly, and continued contact after a consumer has opted out is among the most common TCPA violations we pursue.

National Do Not Call Registry

Consumers who register their telephone numbers on the National Do Not Call Registry are entitled to additional protections under the TCPA. Companies that make telemarketing calls or send marketing text messages to registered numbers — without a valid exemption or established business relationship — may be liable for each contact made. Where violations are repeated or willful, statutory damages may be increased.

Your Rights and Available Remedies

The TCPA provides consumers with a private right of action, meaning you are entitled to bring a claim directly against the company responsible for unlawful calls or texts without waiting for a government agency to investigate or act on your behalf. Available remedies under the TCPA include:

Because the TCPA assigns damages on a per-violation basis, multiple calls or messages can result in substantial aggregate recoveries. A company that places dozens of unlawful robocalls may face liability in the tens of thousands of dollars or more.

How We Can Help

AJG Law Group, PC takes a strategic, consumer-focused approach to TCPA litigation. Our firm:

• Evaluates whether valid consent existed at the time of each call or text, and whether any consent provided was subsequently revoked
• Analyzes call and text patterns to identify the full scope of TCPA violations and calculate potential damages
• Identifies all responsible parties, including the companies whose products or services were promoted and any third-party dialing vendors or marketing partners
• Pursues statutory damages, injunctive relief, and all other available remedies on your behalf

We prepare each TCPA case as if it will proceed to litigation. That preparation is what compels companies to take consumer rights seriously and resolve claims on favorable terms.

If you are receiving repeated robocalls or unsolicited text messages, the conduct may be illegal regardless of whether the calls appear automated, arrive at irregular intervals, or are difficult to trace to a specific originating party. Contact AJG Law Group, PC for a free evaluation of your claim.