TCPA Attorney for Ohio Consumers

Ohio TCPA Lawyer for
Robocalls and Spam Texts

Ohio residents who receive illegal robocalls or spam texts can pursue claims under both federal and state law. The Telephone Consumer Protection Act is a federal statute that applies regardless of state. Ohio also has its own consumer protection statute that gives Ohio consumers an independent cause of action for unfair or deceptive acts, which can include deceptive telemarketing. The Darwich Law Firm is licensed in Ohio and handles both TCPA and Ohio Consumer Sales Practices Act claims for Ohio residents. A case review is free, and there is no fee unless the firm recovers.

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Quick Overview

Ohio consumers can bring claims under both the federal TCPA and Ohio's Consumer Sales Practices Act. The CSPA allows individual consumers to sue over unfair or deceptive acts in consumer transactions, including solicitations, with its own damages and attorney fee provisions. A single robocall campaign may support claims under both statutes. This page covers what is different about pursuing a robocall claim in Ohio. For the federal TCPA damages formula, violation types, and documentation checklist, see our TCPA overview.

Ohio's Consumer Sales Practices Act and What It Adds to a Robocall Claim

Ohio Revised Code Chapter 1345, the Consumer Sales Practices Act, prohibits unfair or deceptive acts in consumer transactions. The Act's definition of a consumer transaction includes a solicitation to supply goods or services, so telephone solicitations to Ohio residents can be covered. Robocall campaigns that make false or misleading statements, misrepresent the caller's identity, create false urgency, or make deceptive offers in the course of marketing can qualify as unfair or deceptive acts under the CSPA.

R.C. 1345.09 gives individual consumers a private right of action under the CSPA. A consumer can recover actual economic damages plus up to $5,000 in noneconomic damages. Where the practice had already been declared deceptive or unconscionable in an Ohio Attorney General rule, or held unlawful in an Ohio court decision made available for public inspection, before the transaction, an individual consumer can instead recover three times actual economic damages or $200, whichever is greater, plus up to $5,000 in noneconomic damages. A court may also award attorney fees when the company knowingly violated the Act.

This matters for Ohio robocall cases in two ways. First, the CSPA and the TCPA are separate causes of action. If a robocall campaign violates both the TCPA's consent requirements and the CSPA's deception prohibition, a plaintiff may pursue both claims arising from the same calls. Second, the TCPA itself does not provide for attorney fees, so the CSPA's fee provision can matter when the company knowingly violated the Act.

Not every robocall that violates the TCPA also violates the CSPA. A call made without the consent the TCPA requires is a TCPA violation, but it does not automatically become a CSPA violation. A CSPA claim generally requires some unfair or deceptive element in the solicitation itself, although Ohio law also treats certain telephone solicitation violations, such as soliciting without the registration Ohio requires, as CSPA violations. We evaluate whether CSPA claims are viable alongside TCPA claims as part of the case review.

What the TCPA Covers for Ohio Consumers

The TCPA's protections apply uniformly across state lines. A marketing call or text to an Ohio cell phone made with an autodialer or a prerecorded or AI-generated voice, without prior express written consent, carries the same per-call federal damages as one to any other cell number. The rules on prerecorded messages, consent revocation, opt-out requests, abandoned calls, and National Do Not Call Registry protections apply equally to Ohio numbers. For the full breakdown of violation types, the federal damages formula, and what documentation to preserve before calling us, see our TCPA overview page. What follows here is what is specific to Ohio.

One question is unsettled: whether marketing texts count as calls under the TCPA's Do Not Call provision. Courts are split. In 2026 a Northern District of Ohio judge held that they do not, and the Sixth Circuit, which covers Ohio, has not decided the question. Our map of federal court rulings on texts as calls shows where each district stands.

Representing Ohio Clients

The Darwich Law Firm is licensed in Ohio and handles TCPA and CSPA claims for Ohio residents. Neither federal TCPA litigation nor Ohio CSPA litigation typically requires frequent in-person appearances. Intake, document review, demand and negotiation, and most of the litigation work are conducted remotely. If a case proceeds to a court appearance in an Ohio federal or state court, we coordinate that directly. TCPA and CSPA cases are handled on contingency. If we do not recover, you owe neither attorney's fees nor case expenses.

Why Ohio Consumers Receive High Volumes of Illegal Calls

Ohio's large population makes it a high-volume robocall target. The northeast Ohio corridor, including Cleveland, Akron, and Youngstown, has a substantial older population, a frequent audience for Medicare supplement, insurance, and financial services robocalls. Consumers in Columbus and across the state receive lead-generation calls from companies that buy consumer data and call without verified consent. Cincinnati and Dayton consumers also receive home improvement, warranty, and real estate robocalls.

Many of these campaigns reach Ohio numbers already registered on the National Do Not Call Registry. More than one telemarketing call in 12 months from the same company to a registered number, without consent or an established business relationship, can violate federal law wherever the calling company is located. Where the callers also make misleading representations about their identity or the purpose of the call, the Ohio CSPA may provide the additional cause of action described above.

Ohio TCPA FAQs

Ohio has the CSPA and the federal TCPA. Can I bring both claims for the same robocalls?

Sometimes yes. The TCPA and the Ohio CSPA are separate statutes with separate elements. The TCPA covers calls made without the consent the law requires and calls to numbers on the Do Not Call Registry. The CSPA covers unfair or deceptive acts in consumer transactions, which can include misleading telemarketing. If the calls that violated the TCPA also involved deceptive statements or a fraudulent sales pitch, a CSPA claim may run alongside the federal claim. We assess whether both claims apply during the case review.

What can I recover under Ohio's Consumer Sales Practices Act for a robocall?

R.C. 1345.09 allows an individual consumer to recover actual economic damages plus up to $5,000 in noneconomic damages. If the Ohio Attorney General had already declared the same practice deceptive by rule, or an Ohio court had already held it unlawful in a decision the Attorney General had made available for public inspection, before the transaction, the consumer can instead recover three times actual economic damages or $200, whichever is greater, plus up to $5,000 in noneconomic damages. A court may award attorney fees if the company knowingly violated the Act. This is separate from what you can recover under the TCPA, where statutory damages are $500 per robocall violation and up to $500 per Do Not Call violation, and up to $1,500 per violation if a court finds the violation willful or knowing.

I received hundreds of calls from the same company. Does each call count separately?

Under the TCPA, generally yes. Each call or text that violates the statute can be a separate violation. Statutory damages are $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 if it finds the violation was willful or knowing. Do Not Call claims require more than one call from the same company within 12 months. The CSPA works differently: its remedies are tied to the consumer transaction rather than to each call, and the $200 minimum applies only in the circumstances described above. The total in a high-volume case can be significant. We calculate the potentially actionable violations during the free case review.

Receiving Illegal Calls or Texts in Ohio?
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A free case review will assess how many violations may be actionable under the TCPA, whether Ohio CSPA claims apply, and what recovery may be available. Start your case review or call (469) 960-6069. For the complete federal TCPA overview, violation types, and documentation guidance, visit our TCPA lawyer page.