TCPA Robocall Lawsuit Exhibit Guide
A self-represented litigant's guide to documenting unwanted robocalls and text messages for court. The TCPA sets statutory damages of $500 per illegal call, up to $1,500 if the violation was willful or knowing.
- The TCPA allows recovery of $500 per illegal robocall or text message, with no need to prove actual harm.
- Damages increase to $1,500 per call under the TCPA if the caller willfully or knowingly violated the law.
- Small claims court limits run from roughly $2,500 to $25,000 depending on the state, so the ceiling on a TCPA claim filed there varies by where you file.
- Businesses are required to check the National Do Not Call Registry, and calls received more than 31 days after registration are stronger evidence of a violation.
- Voicemail recordings, phone carrier records, and screenshot text threads are all commonly accepted TCPA evidence.
- Total damages are calculated by multiplying the number of illegal calls or texts by $500 to $1,500 per violation.
- Self-represented litigants routinely bring TCPA claims in small claims court because the evidence -- call logs and texts -- is already on the claimant's phone.
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Label Your ExhibitsImportant: This guide is an informational resource prepared to the best of our knowledge and does not constitute legal advice for your specific situation. You remain responsible for all due diligence and ensuring that your filings conform to applicable court rules. For legal advice about your specific case, consult with a licensed attorney or your local court's self-help center.
You don't need a lawyer to fight back against robocallers. Those spam calls flooding your phone? The Telephone Consumer Protection Act (TCPA) sets statutory damages of $500 for every illegal call or text, which a court may increase to as much as $1,500 if it finds the violation was willful or knowing -- and you do not have to prove you lost money. Self-represented litigants successfully bring these cases in small claims courts across the country. This guide shows you exactly how to organize your evidence so the judge can see every illegal call.
Document Checklist
Call & Text Evidence
- Phone call logs
Screenshots or exports from your phone showing incoming calls with dates and times
- Text message screenshots
Full screenshots showing sender, date, time, and message content
- Voicemail recordings
Saved voicemails as audio files with dates noted
- Caller ID information
Screenshots showing the number or name that appeared
- Spam notifications
Screenshots if your phone marked calls as suspected spam
Phone Carrier Records
- Cell phone bills
Monthly bills showing incoming calls from the number
- Detailed call records
Request from your carrier showing all calls received
- Text message records
Carrier records showing texts received from the number
Do-Not-Call Evidence
- DNC registration confirmation
Proof you registered on donotcall.gov
- Written opt-out requests
Texts, emails, or letters you sent asking them to stop
- Opt-out confirmation
Any response confirming you were removed from their list
- Continued calls after opt-out
Evidence of calls received after you asked them to stop
Caller Identity
- Company name from calls
Notes on what company the caller claimed to represent
- Website or callback number
Any websites or numbers mentioned in calls or texts
- Marketing materials
Any related mail, email, or materials from the company
Your Declaration
- Timeline of calls
A list showing date, time, and brief notes for each call
- Description of call content
What the calls said (recorded message, live person, etc.)
- Statement about consent
Your statement that you never gave permission to be called
- Impact on you
How the calls affected you (interruptions, stress, etc.)
Common Mistakes to Avoid
- 1Deleting call logs or text messages before making records or screenshots
- 2Not saving voicemails before they are automatically deleted
- 3Forgetting to document the date you registered on the Do-Not-Call list
- 4Not requesting detailed phone records from your carrier soon enough
- 5Accepting a quick settlement without calculating total damages (number of calls x $500 statutory damages)
Organization Tips
- Create a call log spreadsheet with columns for date, time, phone number, and what was said
- Screenshot every unwanted text immediately - include the sender info and timestamp
- Save voicemails as audio files with the date in the filename (e.g., "robocall-2024-01-15.mp3")
- Request your complete phone records from your carrier (often available in your online account)
- Keep a running count of total calls - this determines your potential damages
- Use slipsheets to separate voicemails, texts, and call logs into organized sections - judges appreciate clear organization
Courtroom Preparation
- Small claims limits vary widely by state -- roughly $2,500 to $25,000 -- so look yours up and check whether your claim fits
- Calculate damages: number of calls x $500 statutory damages, which a court may treble to $1,500 per call if it finds the violation willful or knowing
- Bring printed copies of all call logs and text message screenshots
- Prepare a simple timeline showing the pattern of calls over time
- Know whether calls were made with an autodialer - recorded messages suggest automation
- Be ready to explain that you never gave consent and asked them to stop
- Present voicemail evidence with a table of contents - makes it easy for the judge to follow
Frequently Asked Questions
How much can I recover for robocalls?
The TCPA provides $500 per violation (each call or text). If the caller knew they were violating the law, the court can award up to $1,500 per violation. Calculate your damages by multiplying the number of calls by $500, and note the higher figure applies only if the court finds the violation willful or knowing.
Do I need a lawyer for a TCPA case?
No. Many people successfully bring TCPA claims in small claims court without lawyers. Small claims courts are designed for regular people, and TCPA cases are often straightforward if you have good documentation. You already have the evidence on your phone—you just need to organize it properly.
How do I prove I was on the Do-Not-Call list?
Check your registration at donotcall.gov. You can print or screenshot confirmation of when you registered. If you registered more than 31 days before the calls, businesses were required to check the list.
What if I don't know who called me?
Research the phone number online - many databases track robocallers. If the caller left a message, note any company names, websites, or callback numbers. You can also subpoena phone carrier records to identify the caller.
Can I file in small claims court for TCPA?
Yes, small claims court is common for TCPA cases. Check your state's limit -- they range from roughly $2,500 to $25,000. If you received many calls, you may exceed the limit and need to either accept the cap or file in regular court.
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