Telemarketing, Robocalls, And The TCPA: Understanding Your Rights

Did you know that if a business attempts to robocall you, you might have the ability to sue them? Unwanted telemarketing calls and text messages have become a daily annoyance for most Americans. What most Americans don’t know is that they’re also illegal. The federal law Telephone Consumer Protection Act (TCPA), and Ohio’s own consumer protection laws give individuals powerful rights to fight back against spam calls, robotexts, and prerecorded messages. Understanding these rules in today’s market is extremely important. You can be owed damages.

What does the TCPA do, exactly? 

Enacted in 1991, the TCPA was passed to protect consumers from any unwanted communications. The rule restricts telemarketers from using automatic dialing systems (autodialers) or prerecorded voice messages without the recipient’s consent. In addition, it governs text messages, fax advertisements, and calls to numbers listed on the National Do-Not-Call Registry.

If a company violates this rule, it can be fined between $500 and $1,500 in statutory damages if the violation was willful. That means a persistent robocaller who places hundreds of calls could face substantial penalties under this rule.

New rules for new tech 

Technology has a funny way of advancing faster than the law can keep up. Modern telemarketers use AI-generated voices, spoofed caller IDs, and mass texting platforms that can send thousands of messages in a matter of seconds.

In response, both the Federal Communications Commission (FCC) and the courts have refined how the TCPA works. In 2025, regulators emphasized that any system capable of dialing numbers automatically (whether through an app, a web-based platform, or an AI tool) can still qualify as an “autodialer” under the TCPA.

In addition, Ohio also strengthened its own consumer protection measures. Under the Ohio Consumer Sales Practices Act (CSPA), companies that use misleading caller IDs, fake “survey” pitches, or deceptive sales scripts can be liable for additional damages and attorney fees. This combination of jurisdictions gives Ohio consumers a nice set of protections against telemarketing abuse.

Common violations of the TCPA 

A few examples of conduct that violates the TCPA are offered below:

• Calls or texts without the consent of the recipient, especially from debt collectors, insurance agents, or lead-generation companies.
• Pre-recorded or AI-voice messages that play automatically when you answer.
• Spoofed numbers or calls that appear to come from your area code.
• Repeated calls to a number on the do-not-call list.
• Failure to honor opt-out requests.

As a consumer, you should document every unwanted contact. Save your call logs. Take screenshots. This evidence can be invaluable if you elect to pursue a claim.

Talk to a Dayton, OH, TCPA Violation Lawyer Today 

If you’ve received unwanted robocalls or AI-generated voice calls, call the Dayton, OH, TCPA attorneys at Kohl & Cook Law Firm, LLC. We can help you recover damages related to any violation of the TCPA. Call today to learn more.