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TCPA fines get the headlines, but private lawsuits create a second, separate source of exposure. The Telephone Consumer Protection Act lets consumers sue for statutory damages, typically $500 per unlawful call or text and up to $1,500 if the violation was willful or knowing, and Florida’s own telemarketing statute adds another layer. Because damages are counted per message and the filing window runs four years, a single marketing campaign can produce significant exposure.
What Does a TCPA Violation Actually Cost?
A TCPA violation can cost up to $1,500 per call or text in statutory damages in a private lawsuit, plus separate federal penalties if the FCC acts.
| Source | Amount | Who Collects |
|---|---|---|
| Private TCPA suit, robocalls and autodialed texts | Greater of actual loss or $500 per violation; up to 3x if willful or knowing | The consumer or class |
| Private TCPA suit, do-not-call violations | Greater of actual loss or up to $500 per violation; up to 3x if willful or knowing | The consumer or class |
| FCC forfeiture, robocall rules | Section 503(b) forfeiture, plus up to $10,000 more for intentional violations | The United States |
| FCC forfeiture, caller ID spoofing | Up to $10,000 per violation | The United States |
| Florida Telephone Solicitation Act | Greater of actual damages or $500; up to 3x if willful or knowing; prevailing-party fees | The consumer or class |
Sources: 47 U.S.C. § 227 and section 501.059, Florida Statutes.
How Much Can a Private Plaintiff Recover Under the TCPA?
For robocall and autodialer claims, a private plaintiff can recover the greater of actual monetary loss or $500 per violation. For do-not-call claims, the figure is the greater of actual loss or up to $500 per violation. No financial loss is needed to claim the statutory amount.
The TCPA creates two main private claims:
- Robocall and autodialer claims under section 227(b)(3), covering prerecorded calls and certain automated calls and texts made without the required consent.
- Do-not-call claims under section 227(c)(5), available to a person who received “more than one telephone call within any 12-month period” from the same entity in violation of the do-not-call rules.
A business that has established and implemented, with due care, reasonable practices and procedures to prevent do-not-call violations has an affirmative defense to a do-not-call claim, explained in our post on the TCPA safe harbor defense.
What Counts as One Violation?
Each call or text is generally a separate violation. As the U.S. Supreme Court noted in Campbell-Ewald Co. v. Gomez, a text message to a cell phone “qualifies as a ‘call'” under the statute. With damages awarded “for each such violation,” 20 noncompliant texts can mean 20 awards. A do-not-call claim also requires at least two messages within 12 months.
The per-message structure is what turns a modest dispute into serious exposure. It also helps explain how consumer lawsuits turn into class actions.
When Do TCPA Damages Triple?
A court may increase damages up to three times, to as much as $1,500 per violation, if the business acted willfully or knowingly. Trebling is discretionary.
Consent records become central evidence. Our TCPA and FTSA consent checklist covers what a valid written consent must contain.
What TCPA Fines Can the FCC Impose?
The FCC can impose forfeitures under section 503(b) of the Communications Act, plus an additional penalty of up to $10,000 for an intentional robocall violation. Those penalties are paid to the United States, not to consumers.
- Two notice deadlines. For robocall violations, the FCC generally must issue its notice within one year of the violation, or within four years if the violation was intentional.
- Caller ID spoofing. Knowingly spoofing caller ID with intent to defraud, cause harm, or wrongfully obtain anything of value can draw up to $10,000 per violation, up to $30,000 per day for a continuing violation, and no more than $1,000,000 for any single act or failure to act.
- State enforcement. A state attorney general, including Florida’s, can sue over a pattern or practice of unlawful calls for actual losses or $500 per violation, which a court may increase up to three times for willful or knowing violations.
FCC penalties and private damages are separate; resolving one does not resolve the other.
How Does Florida’s Telephone Solicitation Act Add to the Exposure?
Florida’s Telephone Solicitation Act (FTSA), often called the mini-TCPA, gives a called party its own claim for the greater of actual damages or $500, increased up to three times for willful or knowing violations. “Telephonic sales call” includes calls, texts, and voicemails.
The statute requires prior express written consent before a business makes, or knowingly allows, an unsolicited telephonic sales call involving “an automated system for the selection and dialing of telephone numbers” or a recorded message. For background, see Florida’s 2021 mini-TCPA changes, written before the 2023 amendments.
Does the FTSA Give Businesses a Chance to Fix Text Message Problems?
Yes. Before suing over text message solicitations, the called party must reply “STOP.” The business then has 15 days from receiving that notice to stop, and the consumer may sue over those texts only if they continue after that window.
Stopping text solicitations within 15 days of receiving a STOP reply can cut off that consumer’s FTSA damages claim over those texts, though it does not resolve any TCPA claim.
Who Pays the Attorney Fees in an FTSA Case?
The losing party does. Section 501.059(11)(a) provides that after judgment and exhaustion of all appeals, the prevailing party “shall receive” reasonable attorney fees and costs from the nonprevailing party.
The text is not limited to plaintiffs, so a prevailing business may seek its fees. The federal TCPA’s private-action provisions contain no fee provision.
What Is the Statute of Limitations for a TCPA Claim?
A private TCPA claim must generally be filed within four years. The TCPA sets no period for private suits, so courts apply the federal catch-all in 28 U.S.C. § 1658(a), which covers civil actions under federal statutes enacted after December 1, 1990.
In Giovanniello v. ALM Media, LLC, the Second Circuit held that the four-year period in section 1658(a) governs federal TCPA claims.
- Keep four years of records. Retain consent forms, opt-out logs, and vendor contracts at least that long.
- The clock runs message by message. Older texts can fall outside the window while newer ones remain actionable.
Can a Class Action Extend the Deadline?
Often, for individual claims. Filing a class action can pause the limitations clock for absent class members while class status is pending. In Giovanniello, tolling ended when the earlier federal court denied class status, and the later individual suit, filed thirty days too late, was dismissed as untimely.
How Long Does a Florida FTSA Claim Last?
Section 501.059 contains no filing deadline of its own, so the period comes from chapter 95, Florida’s general limitations statute. Keeping FTSA records for at least the same four years as TCPA records is a sensible baseline. Our statute of limitations quick reference for Florida business claims summarizes chapter 95’s periods.
Where Can a TCPA Lawsuit Be Filed?
In state or federal court; both share jurisdiction over private TCPA suits. A Florida state court class action may be eligible for removal to federal court under the Class Action Fairness Act, and an arbitration clause in customer terms may support compelling arbitration.
Why Do TCPA Class Actions Get So Expensive?
Consider a campaign that sent 10,000 texts, each of which a court finds actionable:
- At $500 per text, potential statutory damages reach $5,000,000.
- If a court trebles for willfulness, the figure can reach $15,000,000.
- If the texts also violate the FTSA, Florida damages and fees can be pleaded alongside.
A business should price this exposure before it decides whether to fight or settle. See how businesses evaluate early settlement in consumer class actions. Defenses include challenges to class certification and standing and consent as a complete defense.
What Should a Business Do After Receiving a TCPA Demand or Lawsuit?
Act quickly and preserve evidence; consent and opt-out records drive the defenses above.
- Preserve records. Pull four years of consent forms, opt-out logs, dialing data, and vendor agreements.
- Stop the disputed messages. Honor any opt-out at once, especially a Florida “STOP” reply.
- Identify every party. List the vendors, platforms, and lead sources behind the campaign, and pull their contracts for indemnity terms.
- Notify your insurer. Coverage for TCPA claims varies by policy.
- Price the exposure. Count messages, recipients, and dates against the four-year window before discussing settlement.
Related services include challenging allegations and limiting exposure for damages and cost-effective class action resolution. For prevention, see our guide to TCPA compliance and our post on protecting small businesses from robocall lawsuits.
Talk With a TCPA Defense Attorney
Jimerson Birr’s Telephone Consumer Protection Act defense, TCPA class action defense, and business litigation attorneys represent Florida businesses facing calling and texting claims. Every case turns on its own facts, records, and procedural posture, and nothing here predicts the outcome of any particular matter. To discuss a TCPA demand or lawsuit, contact our team.