How Long Do You Have to Sue for Robocall Harassment?

If you’ve been bombarded with unwanted phone calls, spam texts, or pre-recorded messages, you’re not alone, and you have the right to fight back. Under federal law, specifically the Telephone Consumer Protection Act (TCPA), it is illegal for companies or telemarketers to use an automated telephone dialing system to call your cell phone without your prior express consent (robocall harassment).

So, how long do you have to sue if these illegal calls keep interrupting your life?

The answer is: You generally have four years from the date of the telephone call or text message to file a TCPA lawsuit. This timeframe follows the general federal statute of limitations under 28 U.S.C. § 1658(a), since the TCPA does not set its own specific limitations period. But that’s just the start.

Below, the Bourassa Law Group breaks down everything you need to know about taking legal action against robocall harassment, including laws involved, time limits, and how to move forward.

What Laws Protect You from Robocall Harassment?

The Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227) is the primary federal law that protects consumers from harassing phone calls, illegal robocalls, and spam texts.

The TCPA Prohibits:

• Use of an automated telephone dialing system to make telephone calls to your cell phone without express consent
• Delivering pre-recorded messages without consent
• Sending spam texts or marketing texts without permission
• Making telemarketing calls to a number on the National Do Not Call Registry
• Failing to honor a verbal request or written request to stop calling
• Hiding the caller ID or falsifying a telephone number

The Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) enforce these rules set by the TCPA. When companies ignore them, you can file a robocall lawsuit to pursue compensation.

What is the Statute of Limitations for a TCPA Lawsuit?

The statute of limitations sets the deadline for when you must file your legal action.

Under Federal Law:

• You can file a TCPA lawsuit within four years of the violation date, following the general federal statute of limitations under 28 U.S.C. § 1658.
• If your state law has additional protections (like California’s CIPA or Florida’s mini-TCPA), it may provide a shorter deadline, typically 2 years.

Missing this window? You may lose the right to seek money even if the calls were clearly illegal.

What Counts as a TCPA Violation?

Not every phone call or telemarketing message violates the law. However, most robocalls do.

Here’s when a robocall becomes illegal:

• No prior express consent was given
• The caller used a pre-recorded message or an automated dialing system
• The telephone number called is on the Do Not Call list
• You had no established business relationship with the company
• You asked the caller to stop calling, but they ignored you
• The caller ID was spoofed or falsified
• The spam callers contacted your cell phone, not a business line

Companies may claim they had permission, but if you revoked it or never gave express consent, the law is on your side.

What Can You Recover in a TCPA Lawsuit?

If you file a robocall lawsuit and win, the TCPA allows you to claim:

1. $500 per violation (per call, text, or message)

2. Up to $1,500 per call if the violation was willful or knowing

3. Potentially more if part of class action lawsuits

4. Injunctive relief, forcing the company to stop calling

You can pursue statutory damages under the TCPA without proving actual financial loss, but courts may still assess the context of each case. Your phone records serve as your evidence.

How to Take Legal Action Against Robocalls

Ready to make the calls stop for good? Here’s what you should do:

1. Keep All Evidence

Start by documenting every telephone call, text message, or voicemail. Capture the caller ID, phone number, and time/date of each contact. 

2. Make a Clear Request to Stop

Send a verbal request or written demand via mail or email telling them to stop calling.

3. Register Your Number

Add your telephone number to the National Do Not Call Registry at donotcall.gov.

4. Check for Class Actions

If others are affected by the same company, you may be able to join or start a class action.

5. Talk to a Consumer Lawyer

A consumer lawyer will evaluate your case and recommend whether to file in small claims court, federal court, or another venue based on jurisdiction.

Even one illegal call can violate the TCPA, depending on whether it used an automated system and lacked prior express consent. You don’t have to keep answering and tolerating the harassment.

How Bourassa Law Group Helps You Fight Back

At Bourassa Law Group, we don’t just file cases; we empower consumers to understand and enforce their rights.

We handle:

• TCPA lawsuits for robocalls, text messages, and pre-recorded messages
• Class action cases for widespread illegal robocalls
• Help with evidence collection, filing deadlines, and building your case
• Evaluating whether to pursue in small claims court, federal court, or other venues
• Maximizing your compensation under the law

We’ve seen how harassing phone calls chip away at peace of mind. We help you take that back.

You Don’t Have to Live with Illegal Robocalls

Unwanted phone calls, spam texts, and automated calls aren’t just frustrating, they’re often illegal. The Telephone Consumer Protection Act and related federal laws give you the right to say “enough,” and to be compensated when robocall harassment begins to affect your life.

Don’t ignore the signs:

• Robocalls that never end
• Ignored verbal requests to stop
• Hidden caller ID
• Aggressive telemarketers or robocalling debt collectors

Your time, your privacy, your phone, they matter. Taking legal action doesn’t have to be complicated or intimidating.

Let Bourassa Law Group stand with you. Contact us today for a free consultation.
We’ll review your case, explain your options, and help you move forward on your terms, backed by the law.