Robocall Lawyer in McKinney, TX
Robocall Lawyer
McKinney TX
If you keep receiving robocalls, spam texts, or telemarketing calls you never asked for, and they continue after you have told the caller to stop, the calls may not just be annoying. They may be illegal. The Telephone Consumer Protection Act lets consumers recover statutory damages for each individual violation — no proof of financial loss required. Your case review is free.
Free case review · 24/7 intake · No upfront fee
Quick Overview
The TCPA allows you to sue a company for $500 to $1,500 per illegal robocall or spam text, with no requirement to prove that the calls caused you actual financial damage. To build a claim, save voicemails, screenshot text messages, log call dates and times, and document any opt-out requests you made and any calls that came after. A free case review with The Darwich Law Firm will tell you whether what you are receiving violates the Act and what your options are.
What the TCPA Covers
The Telephone Consumer Protection Act prohibits companies from using an automatic telephone dialing system or a prerecorded voice to call or text a mobile phone without the called party's prior express written consent. It also restricts telemarketing calls to residential lines outside of permitted hours, prohibits contacting numbers registered on the National Do Not Call Registry, and requires that any opt-out request be honored promptly. Each individual call or text that violates the Act is a separate violation.
Violations that commonly appear in TCPA claims include:
- Automated marketing calls to a mobile number the recipient never consented to receive.
- Prerecorded messages played without prior express written consent.
- Spam texts sent using automated systems to numbers that did not opt in to receive them.
- Calls or texts that continue after a written or verbal opt-out request.
- Telemarketing calls made outside the permitted hours of 8 AM to 9 PM local time.
- Calls to numbers registered on the National Do Not Call Registry after the registration has taken effect.
What You Can Recover Under the TCPA
The TCPA sets base statutory damages at $500 per violation. When a court finds the violation was knowing or willful, that amount can be increased to $1,500 per call or text. Because each call or text is treated as a separate violation, a consumer who received fifty automated texts without consent could be looking at a base claim of $25,000, which increases further if the violations were willful.
You do not need to prove that the calls caused you a financial loss. The statutory damages exist precisely because Congress recognized that automated harassment is harmful even when it does not produce a measurable economic injury. If the same company that contacted you without consent also sent the same messages to hundreds or thousands of other people, the same facts may support a class action in addition to your individual claim. We discuss class action potential as part of every TCPA case review.
Calls that also violated Do Not Call rules may support additional claims under separate provisions of the Act. If you have also received illegal spam texts, our spam text lawyer page covers how those specific claims work.
What Counts as Consent and What Does Not
People often assume that because they gave their phone number to a company at some point, anything that company does with that number is permitted. That is not how the TCPA works.
- Consent must be prior, express, and in writing for automated marketing contact to mobile phones.
- A number entered to receive a one-time shipping notification does not constitute consent to receive recurring marketing calls.
- A phone number provided on a paper form or verbally does not automatically authorize robocalls.
- Consent given to one company generally cannot be transferred or sold to another company without a new, separate consent from the consumer.
- Purchasing a product or service from a company does not by itself constitute consent to receive automated marketing contact.
If you gave your number in a context where automated marketing contact was not clearly disclosed and agreed to, you may not have given valid TCPA consent, and the calls or texts that followed may be actionable.
What to Save Before You Call Us
The strength of a TCPA claim depends heavily on documentation. Before speaking with an attorney, preserve as much of the following as possible.
- Voicemails from the calling party, saved and backed up rather than deleted.
- Screenshots of text messages before they are deleted, including timestamps and the sending number.
- A written log of calls with the date, time, duration, and the number shown on caller ID.
- Any records of opt-out attempts: a spoken request to be removed, a reply STOP to a text, a written letter, or a Do Not Call registration.
- Any response the company gave after an opt-out request, and any calls or texts that came after the request.
The more complete the documentation, the easier it is to identify the responsible party and establish the number of violations. We assist with identifying the company behind the calls through records requests and, where needed, legal process.
Our Approach
How The Darwich Law Firm Handles TCPA Claims
Free Case Review With an Attorney
You speak directly with Omar Darwich, not a call center, about what you have been receiving and whether it may be actionable.
We Identify the Responsible Party
The number on caller ID is not always the company responsible. We investigate who directed the contact and who benefited from it.
We Document and Calculate Violations
We work with your records to build a complete account of the contacts and what they may be worth under the statute.
No Fee If We Do Not Recover
TCPA cases are handled on contingency. You pay nothing unless we recover for you.
Why Us
Why McKinney Residents Choose The Darwich Law Firm
Direct Attorney Access
You speak with an attorney, not a call center.
Free Case Review, 24/7 Intake
By phone, text, or online, any time.
TCPA as a Core Practice Area
Alongside personal injury, TCPA is one of the matters we handle as a firm, not a side specialty.
Local to McKinney
Based in McKinney, serving clients across Collin County and North Texas, and licensed in Texas, New Mexico, Arizona, and Ohio.
Robocall and TCPA FAQs
What is the TCPA and what does it cover?
The Telephone Consumer Protection Act is a federal law that restricts automated phone calls, robocalls, and spam texts to mobile phones without the recipient's prior express written consent. It also restricts calls to numbers on the National Do Not Call Registry and requires callers to honor opt-out requests.
How much can I recover for illegal robocalls or texts?
The base statutory damages are $500 per violation. If a court finds the violation was knowing or willful, that amount can increase to $1,500 per call or text. Each call or text is a separate violation, so the total can grow quickly with repeated contact.
What evidence should I save before speaking with an attorney?
Save voicemails, screenshot text messages before deleting them, log call dates and times with caller ID numbers, and keep records of any opt-out requests you made and any calls or texts that came after. The more complete the record, the stronger the claim.
What if I gave my phone number to the company at some point?
Giving your number for one purpose does not automatically authorize automated marketing contact. TCPA consent must be specific, in writing, and cover the type of contact being made. A number provided for a shipping update or a one-time inquiry likely did not authorize recurring robocalls or texts.
Can I sue a company for texting me without permission?
Yes. The TCPA applies to automated text messages sent to mobile phones without prior express written consent in the same way it applies to automated calls. Each unsolicited automated text is a separate potential violation.
How long do I have to file a TCPA claim?
TCPA claims are generally subject to a four-year federal statute of limitations, though state law claims related to the same conduct may carry different deadlines. A free case review will tell you where your specific situation stands.
Still Receiving Illegal Robocalls?
Talk to an Attorney Today.
You do not have to keep putting up with calls and texts you never asked for. Federal law gives you the right to hold companies accountable, and a free case review costs nothing. Start your free case review or call (469) 960-6069. Our frequently asked questions page has more general information if you want to read before calling.
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