TCPA and Robocall Claims for Florida Consumers
Reviewed by David Farber · The Farber Law Firm, P.A. · Updated August 5, 2026
In short
TCPA representation pursues damages for unwanted automated calls, prerecorded messages and spam texts. The federal Telephone Consumer Protection Act provides 500 dollars per violation, trebled up to 1,500 dollars for willful violations, and the Florida Telephone Solicitation Act adds state-level restrictions on automated sales calls and texts.
Key facts at a glance
- Federal statute
- Telephone Consumer Protection Act, 47 U.S.C. 227
- Statutory damages
- 500 dollars per violation, up to 1,500 dollars if willful or knowing
- Florida statute
- Florida Telephone Solicitation Act, Fla. Stat. 501.059
- Filing deadline
- 4 years for federal TCPA claims (28 U.S.C. 1658)
- Do Not Call
- National Do Not Call Registry rules apply to telemarketing calls
- Best evidence
- Call logs, screenshots of texts, voicemails and caller identity
Who this is for
- People receiving repeated robocalls or prerecorded messages they never agreed to
- Consumers getting automated marketing texts after asking to stop
- Registrants on the National Do Not Call Registry still receiving telemarketing
- Anyone whose number was called by an automated system without prior express consent
Matters we handle
- Prerecorded and artificial voice calls
- Automated telephone dialing system calls under 47 U.S.C. 227
- Marketing text message campaigns
- Calls continuing after a revocation of consent or stop request
- Do Not Call Registry violations
- Florida Telephone Solicitation Act claims under Fla. Stat. 501.059
How the process works
- 1
Log the contacts
Dates, times, numbers, screenshots and voicemails. Volume and pattern often decide the value of a claim.
- 2
Identify the caller
Many campaigns run through vendors, so identifying the entity that benefited from the call is a core early task.
- 3
Consent analysis
We examine whether prior express consent, or prior express written consent for marketing, existed and whether it was revoked.
- 4
Demand
A documented demand to the caller and the seller frequently resolves individual claims.
- 5
Litigation
Where it does not, TCPA claims proceed in federal or state court within the four-year window.
- 6
Stop the calls
Ending the contacts matters as much to most clients as the statutory recovery.
What the TCPA actually restricts
The TCPA at 47 U.S.C. 227 restricts calls and texts made using an automatic telephone dialing system or an artificial or prerecorded voice to cell phones without the required consent, and it restricts telemarketing to residential lines and Do Not Call registrants.
For marketing messages, the standard is prior express written consent. Consumers may revoke consent through any reasonable means, and callers must honor revocation promptly under FCC rules.
Florida's own robocall statute
- Fla. Stat. 501.059 restricts telephonic sales calls made using an automated system for the selection or dialing of numbers or a prerecorded voice
- It requires prior express written consent for those calls and texts
- It sets calling-time restrictions and limits on the number of commercial calls to a person over a 24-hour period on the same subject
- Remedies and standing requirements have been narrowed by amendment, so a current-law analysis is essential
Evidence wins these cases
The strongest files are the organized ones. Keep every text thread, save voicemails, screenshot caller ID, and note whether you asked the caller to stop and when.
Consultations are free. The Farber Law Firm evaluates the number of contacts, the caller's identity, the consent record and the applicable statute before recommending a path.
Frequently asked questions
Can I sue for robocalls in Florida?
Often yes. The federal TCPA allows recovery of 500 dollars per violating call or text, up to 1,500 dollars for willful or knowing violations, and the Florida Telephone Solicitation Act adds state-level restrictions on automated sales calls. Whether a specific campaign violates either statute depends on consent, the technology used and the caller's identity.
How long do I have to bring a TCPA claim?
Federal TCPA claims are generally subject to the four-year federal catch-all limitation period in 28 U.S.C. 1658. Florida statutory claims may carry different periods, so the earlier a claim is evaluated the better.
Do spam text messages count?
Yes. Courts treat text messages as calls for TCPA purposes, so automated marketing texts sent without the required prior express written consent, or continued after a stop request, can support a claim.
What if I once gave the company my number?
Consent can be limited in scope and can be revoked. Giving a number for service or transactional purposes is not automatically consent to marketing, and a caller must stop after a reasonable revocation. Those facts are exactly what a case review examines.
Where we provide this service
The Farber Law Firm, P.A., 2199 Ponce de Leon Blvd #301, Coral Gables, FL 33134. We handle tcpa claims matters for clients in Coral Gables, Miami, Miami-Dade County, Fort Lauderdale, Broward County, West Palm Beach, Palm Beach County and throughout Florida. Phone (888) 832-7237.
Sources and authority
- 47 U.S.C. 227 — Restrictions on use of telephone equipment
- Fla. Stat. 501.059 — Telephone solicitation
- FCC — Stop Unwanted Robocalls and Texts
Florida statutes, court rules and agency guidance change. This page reflects authority the firm believes current as of the update date above and is general information, not legal advice. No attorney-client relationship is created by reading it, and no result is guaranteed.
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Request a Free Case ReviewAbout the Author
The Farber Law Firm, P.A.
The Farber Law Firm is a South Florida trial practice based in Coral Gables, representing injured people, policyholders and businesses across Miami-Dade, Broward and Palm Beach counties since 1995. The firm handles personal injury, wrongful death, insurance coverage disputes and commercial litigation, and its attorneys are members in good standing of The Florida Bar.
Articles on this site are written and reviewed by attorney David Farber and reflect Florida statutes, court rules and Florida Bar regulations current as of the publication date.
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- 2199 Ponce de Leon Blvd #301
Coral Gables, FL 33134 - Phone
- 8888-FARBER
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