Glossary
TCPA Violations & Fines
How much is a TCPA fine per call?
Short answerTCPA statutory damages are $500 per call or text, which a court may raise to up to $1,500 per violation where the conduct was willful or knowing. There is no cap on the total, and the plaintiff does not need to prove any financial loss. Separately, the FTC can seek civil penalties of up to $53,088 per violation of the Telemarketing Sales Rule.
On this page
The numbers
| Route | Amount | Brought by |
|---|---|---|
| TCPA statutory damages | $500 per call or text | Private plaintiff or class |
| TCPA willful or knowing | Up to $1,500 per call or text | Private plaintiff or class |
| TSR civil penalties | Up to $53,088 per violation | FTC |
| State telemarketing laws | Varies; some stricter than federal | State AGs and private suits |
The TSR figure is adjusted for inflation each year -- it rose from $51,744 to $53,088 in the 2025 adjustment. Check the FTC's current published amount rather than relying on a number quoted in an article, including this one.
Why totals get large
Three features of the statute compound:
- No proof of loss required. Statutory damages attach to the violation itself, so a plaintiff who suffered no harm still recovers.
- Per-message accrual. Each call or text is generally its own violation.
- No aggregate cap. Nothing in the statute limits total exposure.
Multiply those together against a campaign list and the arithmetic is unforgiving. A single improper SMS blast to 20,000 numbers carries a theoretical exposure of $10 million at the base rate, before any trebling -- which is why these cases settle, and why the settlements are large.
Common violations
- Marketing robocall or robotext to a mobile without prior express written consent.
- Calling a number on the National Do Not Call Registry without consent or an established business relationship.
- Ignoring an internal do-not-call request.
- Failing to honour a revocation within 10 business days (the window since April 2025 -- previously 30).
- Calling outside 8am–9pm in the consumer's time zone.
- Transmitting inaccurate or unreachable caller ID.
- Calling a reassigned number where consent belonged to the prior subscriber.
What reduces exposure
Documented consent, a maintained internal do-not-call list, DNC scrubs at least every 31 days, and a litigator check before each campaign. None of these is a guarantee, but the presence of a documented process is also what argues against a willfulness finding -- so the records matter twice.
Frequently asked questions
What makes a violation 'willful or knowing'?
Courts vary, but the general test is whether you knew of the conduct -- not necessarily whether you knew it was unlawful. Calling after an opt-out, ignoring an internal do-not-call entry, or continuing a campaign after a complaint are the kinds of facts that support trebling.
Documented compliance processes cut the other way, which is a practical reason to keep scrub records rather than just run scrubs.
Can individuals sue, or only regulators?
Both. The TCPA's private right of action lets any recipient sue directly in state or federal court, without involving a regulator. That is what distinguishes it from most consumer statutes and what drives the class-action volume.
How long do I have exposure for?
The TCPA carries a four-year statute of limitations. Retain consent and scrub records for at least that long -- they are the evidence you will need, and their absence is itself damaging.
Is each text a separate violation?
Generally yes. Each call and each text message is typically treated as its own violation, which is how per-message damages compound into large aggregate numbers across a campaign-sized list.
