Do Not Call Violation Lawyer in McKinney, TX

Do Not Call Violation Lawyer

Registering your number on the Do Not Call Registry is supposed to stop unsolicited telemarketing calls. When a company keeps calling anyway, it is not just a nuisance. It is a federal violation, and federal law gives you the right to sue for it. The Darwich Law Firm represents consumers across McKinney and North Texas who are still receiving telemarketing calls after registering, and we handle these claims the same way we handle any consumer protection matter: with direct attorney access, no upfront cost, and no fee unless we recover for you.

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Quick Overview

If you registered your number on the Do Not Call Registry and a telemarketer kept calling anyway, you may have a claim under the Telephone Consumer Protection Act (TCPA). Federal law allows you to sue for $500 per violation, and up to $1,500 if the court finds the company called willfully. Multiple calls from the same company can add up quickly. Documentation is the key, and a free case review with The Darwich Law Firm will tell you where your claim stands.

How the Do Not Call Registry Works

The National Do Not Call Registry is maintained by the Federal Trade Commission and covers residential landlines and wireless phone numbers. Once a number is registered, telemarketers are generally required to stop calling within 31 days. The Telephone Consumer Protection Act gives consumers a private right of action when that obligation is violated.

You do not have to wait for a government agency to investigate on your behalf. The law allows you to file your own civil claim directly, and The Darwich Law Firm handles that process for you. For related violations involving robocalls, automated dialers, or spam texts specifically, our TCPA and robocall claims page covers the broader federal consumer protection framework in more detail.

What a Do Not Call Violation Is Worth

TCPA Statutory Damages

$500 per violation. $1,500 per violation when the violation was willful. Each call made after your number was on the registry is a separate violation.

The TCPA provides statutory damages of $500 per violation, which generally means per call received in violation of the law after your number was on the registry. If the court finds the violation was willful, meaning the company knew your number was registered and called anyway, that amount can be tripled to $1,500 per violation.

You do not need to prove that you suffered financial harm. The violation itself triggers the right to compensation under federal law. When a company has called multiple times, each call is a separate violation, and the total claim value reflects that. Documenting every call matters, and we will explain exactly what to keep and how.

When Calls Are Still Allowed After Registration

Not every call received after registering is automatically a TCPA violation. The law includes exemptions that telemarketers frequently raise in their defense, and understanding them helps set accurate expectations before we evaluate a claim.

  • Established business relationship. A company with which you have had a transaction within the past 18 months, or an inquiry within the past three months, may call you during that window.
  • Prior express written consent. If you gave a company written permission to call you, typically by checking a box or signing a form, that consent can be raised as a defense. It must meet specific legal requirements to be valid.
  • Charitable organizations. Calls made on behalf of non-profit charitable organizations are not covered by the Do Not Call rules in the same way commercial calls are.
  • Political campaigns and surveys. Political calls and certain survey calls may fall outside the Do Not Call rules, though the line between a legitimate survey and a disguised sales pitch is frequently disputed.

These exemptions are why the details of each call matter, and why a legal evaluation of the specific facts is more reliable than a general assumption about whether you have a claim.

How to Document Do Not Call Violations

The strength of a Do Not Call claim depends significantly on the quality of the documentation. Every call from a number you do not recognize is worth recording.

  • Write down the date, time, and the number that appeared on your caller ID for every unwanted call.
  • Save voicemails in full. Do not delete them.
  • Screenshot your call log showing repeated calls from the same source.
  • Note any company name given during the call or in an automated message.
  • Keep any correspondence, including emails or texts, where you requested that the calls stop.
  • Check whether the number appears in public complaint databases to see whether other consumers have reported the same source.

The more calls from the same company that are documented, the higher the potential claim value. If you have been receiving calls for weeks or months, the total may be more significant than it first appears.

Who Typically Violates the Do Not Call Rules

Common violators in Do Not Call cases include extended auto warranty companies, health insurance telemarketers, home security companies, debt settlement firms, and mortgage or financial services companies that purchase lead lists without properly scrubbing registered numbers. Many of these calls are made using automated dialing equipment or prerecorded messages, which triggers additional TCPA provisions beyond the Do Not Call rules and can increase the available damages per call. Those claims are covered in more detail on our robocall claims page.

Individual Claims and Class Actions

Do Not Call violation cases can be brought as individual claims or, where a company has engaged in a pattern of violations against many consumers, as a class action. We evaluate the specifics of the claim and advise on which approach best serves the situation. In either case, there is no upfront fee and we are paid only if we recover compensation.

Why Us

Why McKinney Consumers Choose The Darwich Law Firm

Direct attorney access

You speak with an attorney, not a call center or intake coordinator.

Free case review

We evaluate the calls, the documentation, and whether the exemptions apply before advising on next steps.

No upfront fee

TCPA and Do Not Call claims are handled on contingency.

Consumer protection focus

Alongside personal injury and family law, TCPA enforcement is a core part of what we do. This is not a sideline matter.

Do Not Call Violation FAQs

I registered my number but I am still getting telemarketing calls. Do I have a case?

Possibly yes. If the company calling you does not qualify for one of the TCPA exemptions, and you have documentation showing the calls happened after the 31-day grace period following registration, you may have a viable claim for statutory damages of $500 to $1,500 per call.

How much can I recover for Do Not Call violations?

The TCPA provides $500 per violation. If the court finds the company willfully violated the law, that amount can be tripled to $1,500. Each individual call from the same company after your number was on the registry is a separate violation, so multiple calls compound the total.

What calls are still allowed even after I registered?

Companies with an established business relationship, organizations with prior express written consent, charitable organizations, political campaigns, and certain survey callers may be exempt. These exemptions have specific requirements, and not every company that claims one actually qualifies.

How do I document violations to support a claim?

Record the date, time, and caller ID number for every unwanted call. Save voicemails. Screenshot your call log. Note any company name given during the call. Keep any opt-out requests you sent. The more calls from the same source that are documented, the stronger the claim.

How long do I have to file a TCPA Do Not Call claim?

TCPA claims are generally subject to a four-year statute of limitations under federal law, which is longer than the two-year window that applies to most personal injury claims in Texas. Even so, documentation quality decreases over time and acting sooner is better.

What if the company says I gave them permission to call me?

Prior express written consent is one of the most common defenses in TCPA cases. It must meet specific legal standards to be valid, and many claimed consent forms or check-box agreements do not actually hold up under scrutiny. We review the claimed consent as part of evaluating the claim.

Receiving Telemarketing Calls After Registering?
Talk to an Attorney Today.

Federal law gives you the right to take action when a company ignores the Do Not Call Registry. The Darwich Law Firm can review your documentation, evaluate the exemptions, and tell you what your calls may be worth. Start your free case review or call (469) 960-6069. Our frequently asked questions page covers additional guidance on TCPA claims and consumer protection law.

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