TCPA Lawyer in McKinney, TX

McKinney TCPA Lawyer for Robocalls and Spam Texts

Under the Telephone Consumer Protection Act, companies that contact consumers with illegal robocalls, spam texts, prerecorded messages, and other automated communications can be held legally liable, and the consumers they contact can sue them directly. We are based in McKinney and represent individuals and families across Collin County and North Texas who are being harassed by illegal calls and texts. We work to recover the statutory damages the TCPA provides without charging anything upfront. If you have been receiving calls or texts you did not authorize and cannot get to stop, your case review is free.

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Quick Answer

The TCPA lets you sue companies that call your cell phone with a prerecorded or artificial voice, or with an autodialer as the Supreme Court has narrowly defined it, without the consent the law requires. It also lets you sue telemarketers that call a number on the National Do Not Call Registry more than once in 12 months. You do not have to prove financial harm. The law sets statutory damages of $500 per robocall violation and up to $500 per Do Not Call violation, and a court can increase that to up to $1,500 per violation when it finds the violation was willful or knowing. Each illegal call or text can be a separate violation. Darwich Law Firm reviews TCPA claims for McKinney and Collin County residents for free and handles cases on contingency. If we do not recover, you owe neither attorney's fees nor case expenses.

What Is the TCPA and Who Can Sue?

The Telephone Consumer Protection Act is a federal law that restricts how companies can contact consumers by phone and text. It limits the use of automatic telephone dialing systems and artificial or prerecorded voices, requires prior express written consent for marketing calls and texts to cell phones made with that technology, and protects consumers registered on the National Do Not Call Registry. It gives individuals a private right of action, meaning you can file a lawsuit directly without waiting for the FCC or any other government agency.

Texas also provides state law protection through the Texas Business and Commerce Code, which governs telemarketing disclosure and consumer privacy at the state level. McKinney and Collin County residents may have both federal and state law remedies available depending on the type of contact they received and who made it.

What the Law Allows You to Recover

TCPA Statutory Damages

$500 per violation for a robocall violation, and up to $500 per violation for a Do Not Call violation. Up to $1,500 per violation when a court finds the violation was willful or knowing. Each illegal call or text can be a separate violation (a Do Not Call claim requires more than one call from the same company within 12 months). You do not need to prove financial loss to recover these statutory amounts.

Because each illegal contact counts separately, a company that called or texted your McKinney number dozens of times in violation of the TCPA can face a significant damages claim. TCPA cases can also proceed as class actions when a company violated the law against a large group of consumers using the same methods.

TCPA Cases We Handle in McKinney

Below are the violation categories we handle for clients in McKinney, Collin County, and across North Texas. If your situation is not listed, describe what you are experiencing in a free case review and we will tell you whether it qualifies.

Robocalls and Automated Messages

Robocall violations. Calls to a cell phone made with an autodialer or a prerecorded or AI-generated voice without the consent the law requires, which must be in writing for marketing calls.
Spam text messages. Marketing texts sent to your cell phone without the consent the law requires, including texts to numbers on the Do Not Call Registry. Courts are split on whether you can sue over texts under the Do Not Call provision, and Texas law also covers marketing texts.
Prerecorded and AI voice calls. Calls that play a recorded or AI-generated message rather than connecting a live person, made to a cell phone, or for marketing to a home phone, without the consent the law requires.
Ringless voicemails. Messages delivered directly to your voicemail inbox without your phone ringing, bypassing the notification that a call was made. The FCC treats ringless voicemails to cell phones as calls that require consent.
Abandoned and dropped calls. When a telemarketer's dialing system connects your call but no live agent comes on within two seconds of your greeting, FCC rules require an identification and opt-out message and cap how often this can happen. Violations of those rules may support a TCPA claim.

Consent and Do Not Call Violations

Calls after consent was revoked. Autodialed or prerecorded calls and texts that continue more than 10 business days after you withdrew consent, for example by replying STOP or using the opt-out method the caller offers. Each one can be a separate violation.
Texts after replying STOP. After you reply STOP, a company that needed your consent must stop within 10 business days, apart from a confirmation message. Marketing texts after that can be separate violations.
National Do Not Call violations. More than one telemarketing call within 12 months from the same company to a McKinney or Collin County number on the National Do Not Call Registry, absent an established business relationship or signed written consent.
Company-specific Do Not Call violations. Telemarketing calls that continue more than 10 business days after you asked the company to put your number on its internal do not call list.

Common Caller Violations

Wrong number robocalls. Prerecorded, artificial-voice, or autodialed calls and texts intended for someone else but sent to your number without your consent. Intending to reach a different person generally does not eliminate TCPA liability.
Debt collection robocalls. Prerecorded or autodialed calls from debt collectors to cell phones without prior consent, or that continue after consent is withdrawn.
Telemarketing calls and texts. Unsolicited marketing robocalls and texts for goods or services, such as insurance offers, auto warranty calls, and solar or mortgage solicitations.
Lead generation calls and texts. Marketing calls and texts from a company that bought your information from a lead generator, when the form you filled out did not clearly authorize that company to contact you.

Additional Consumer Claims

Junk fax claims. Unsolicited fax advertisements sent to a fax machine without your prior express permission or, when the sender has an established business relationship with you, without the required opt-out notice.
Texas Telemarketing Disclosure and Privacy Act violations. Texas telemarketing laws, including the Texas Telemarketing Disclosure and Privacy Act, cover marketing texts as well as calls, and a 2025 law (SB 140, effective September 1, 2025) widened consumers' ability to enforce them through the Texas Deceptive Trade Practices Act. Texas law also gives consumers their own claim, with damages of $500 per violation (or actual damages, if greater), for calls and texts that violate the TCPA or its rules.
Caller ID spoofing. Federal law bans faking caller ID with intent to defraud or cause harm, but that ban is enforced by the FCC and state attorneys general, not by private lawsuits. Spoofing often comes with other violations we can pursue, and it can help show that a caller acted knowingly.

Federal Court Tracker

Are Texts “Calls” Under the TCPA's Do Not Call Provision?

Federal courts are split on whether marketing texts count as calls under the TCPA's Do Not Call provision. Our interactive map shows, for each federal district, the rulings we have found on the question and which way they went, with links to the decisions.

View the Court Map

What to Document Before Calling Us

Strong documentation makes for a stronger claim. Before or during your free case review, gather what you have:

Save every voicemail, including the phone number and time it was received.
Screenshot every text message, including the sender's number and the exact date and time.
Note every call that appeared on your caller ID, even if the number looks local or familiar.
If you sent a STOP reply, requested removal by phone, or submitted a written opt-out, save that record.
Record any company name that identified itself, or any callback number provided in the message.
Keep a running log of dates and times if the calls are ongoing, even a simple list in a notes app.

You do not need a complete record to have a claim. Even partial documentation can support a TCPA case, and we can help identify additional evidence once the matter is underway.

Why Us

Why McKinney Residents Choose Us for TCPA Claims

Attorney review

Attorney Omar Darwich reviews your situation before we advise you.

Free case review

We tell you whether you have a TCPA claim and what it may be worth before you decide anything.

No fees or expenses unless we recover

We handle TCPA matters on contingency. If we do not recover, you owe neither attorney's fees nor case expenses.

Based in McKinney

We represent consumers across Collin County and North Texas and are available 24/7 by phone, text, or online.

McKinney TCPA and Robocall FAQs

Can I sue a company for robocalling my McKinney number?

Yes, if the calls or texts violated the TCPA. The law gives you a private right of action. You can file a lawsuit directly without waiting for the FCC or any other agency. You do not have to prove financial harm. The statute sets damages at $500 per violation for robocall violations and up to $500 for Do Not Call violations, and a court can increase that to up to $1,500 per violation when it finds the violation was willful or knowing.

How much can I recover for TCPA violations?

$500 per violation for a robocall violation and up to $500 per violation for a Do Not Call violation. A court can increase that to up to $1,500 per violation when it finds the violation was willful or knowing. Each illegal call or text can be a separate violation, and Do Not Call claims require more than one call from the same company within 12 months. A company that contacted your number repeatedly can face a substantial total claim.

What if I gave my number to the company at some point?

Prior consent under the TCPA is specific to its purpose. Even if you gave your number for one reason, that consent does not automatically extend to all types of contact or to third parties. And once you revoke consent, calls or texts that required it must stop within 10 business days. Contact after that can be a separate violation.

What if the company says it called the wrong number?

Wrong-number robocalls can still be TCPA violations. If a company used a prerecorded or artificial voice, or a qualifying autodialer, to call your cell phone without your consent, intending to reach someone else generally does not excuse it. Courts usually treat the current subscriber as the person whose consent counts. A caller that checked the FCC's Reassigned Numbers Database and got a wrong answer may have a defense.

Does Texas law add anything beyond the TCPA for McKinney residents?

Yes. The Texas Business and Commerce Code provides additional protections and remedies for Texas consumers in some telemarketing contexts. Texas telemarketing laws cover text messages as well as calls, and a 2025 law (SB 140) widened consumers' ability to enforce them through the Texas Deceptive Trade Practices Act. We look at both federal and state law when we review a TCPA matter for our McKinney and Collin County clients.

How long do I have to file a TCPA claim in Texas?

The federal statute of limitations for TCPA claims is four years from the date of the violation. Texas state law claims may have different timelines. Keep your call logs, voicemails, and text screenshots so the timeline of violations is documented.

Receiving Illegal Calls or Texts in McKinney?
Talk to an Attorney Today.

The companies behind illegal robocalls and spam texts are counting on McKinney residents to keep ignoring the calls and never do anything about it. Finding out whether you have a claim costs you nothing. Start your free case review or call (469) 960-6069. Our frequently asked questions page also covers general guidance on TCPA timelines and the claims process.