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.
Free case review · No upfront fee · Available 24/7
Quick Answer
The TCPA gives you the right to sue companies that call or text your cell phone using an automated dialing system or prerecorded message without your permission. You do not have to prove financial harm. The law sets statutory damages of $500 per violation and $1,500 for willful violations. Every illegal call or text is a separate violation. Darwich Law Firm reviews TCPA claims for McKinney and Collin County residents for free and handles cases on contingency.
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 prerecorded voice messages, requires prior express written consent for marketing contacts to cell phones, 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 standard TCPA violation. $1,500 per violation when the violation was willful or knowing. Every illegal call or text is a separate violation. You do not need to prove financial loss. The statute sets the damages.
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 made to a cell phone using an automatic telephone dialing system without prior express written consent.
- Spam text messages. Automated or bulk text messages sent to your cell phone for marketing or solicitation without your permission.
- Prerecorded and AI voice calls. Calls that play a recorded or AI-generated message rather than connecting a live person, sent without consent.
- Ringless voicemails. Messages delivered directly to your voicemail inbox without your phone ringing, bypassing the notification that a call was made.
- Abandoned and dropped calls. When an autodialer connects your call but no live agent is available within two seconds, FCC rules require a specific message and cap how often this can happen. Violations of those rules are actionable under the TCPA.
Consent and Do Not Call Violations
- Calls after consent was revoked. Any automated contact made after you clearly withdrew your consent, by any reasonable means, is a separate violation.
- Texts after replying STOP. Once you reply STOP to a text campaign, any further automated text is a separate violation.
- National Do Not Call violations. Telemarketing calls to a McKinney or Collin County number registered on the National Do Not Call Registry, absent a prior business relationship or express written consent.
- Company-specific Do Not Call violations. Calls from a company to a number already on that company's own internal do not call list.
Common Caller Violations
- Wrong number robocalls. Automated calls or texts intended for someone else but sent to your number without consent. The intent to reach a different person does not eliminate TCPA liability in many cases.
- Debt collection robocalls. Automated calls from debt collectors to cell phones without prior consent, or that continue after consent is withdrawn.
- Telemarketing calls and texts. Unsolicited automated marketing contacts for goods or services, including the insurance offers, auto warranty calls, and solar or mortgage solicitations that are among the most common complaints we see from McKinney residents.
- Lead generation calls and texts. Contacts made by a third party who purchased your information from a lead generator, without you ever consenting directly to that third party's contact.
Additional Consumer Claims
- Junk fax claims. Unsolicited fax advertisements sent to a fax machine without prior express permission from the recipient.
- Texas Telemarketing Disclosure and Privacy Act violations. State law claims available to Texas consumers, including McKinney and Collin County residents, in certain telemarketing contexts that can provide remedies beyond federal law.
- Caller ID spoofing. Calls or texts where the company deliberately falsifies the number that appears on your caller ID to disguise the source of the contact.
What to Document Before Calling Us
Strong documentation makes for a stronger claim. Before or during your free case review with our McKinney TCPA attorneys, 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
Direct attorney access
You speak with an attorney, not a call center, from the first conversation.
Free case review
We tell you whether you have a TCPA claim and what it may be worth before you decide anything.
No upfront fee
We handle TCPA matters on contingency. You pay nothing unless we recover for you.
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 the damages at $500 per standard violation and $1,500 per willful violation.
How much can I recover for TCPA violations?
$500 per violation for a standard violation and $1,500 per willful or knowing violation. Every illegal call or text is a separate violation. 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 revoked consent, any further automated contact was a separate violation.
What if the company says it called the wrong number?
Wrong number robocalls are still TCPA violations in many cases. If the company used an autodialer and called your cell phone without your consent, the fact that they intended to reach someone else does not eliminate liability.
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. We evaluate both federal and state law when reviewing every 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. Your situation may be worth more than you think, and finding out 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.
No upfront fee · McKinney, TX · Available 24/7