Repeated robocalls or spam texts can interrupt your day and leave you wondering how the sender got your number. When messages continue after you opt out, federal and Missouri laws may provide protection, especially when one company uses the same practice against many people.
When calls or texts may violate the law
The Telephone Consumer Protection Act (TCPA) restricts certain robocalls and robotexts made without required consent. Missouri’s No-Call Law also generally prohibits covered telemarketers from contacting registered home or personal cellphone numbers, although exceptions apply.
Not every unwanted message breaks the law. The communication’s purpose, your consent, any opt-out request and how it was sent can matter. Under a 2021 U.S. Supreme Court ruling, an autodialer generally must use a random or sequential number generator. Separate TCPA rules may still apply to calls using an artificial or prerecorded voice.
Similar conduct affecting many recipients may support a class action. However, a court must still determine whether the group shares common legal or factual issues and whether the case meets other class action requirements.
What records should you keep?
Saving details can help show what happened and whether others received similar communications. Details you should keep include:
- Screenshots of texts and call logs
- Dates and times of each communication
- Voicemails or the message’s exact wording
- The displayed number and identified sender
- Copies of “STOP” messages or other opt-out requests
- Proof that your number was on Missouri’s No-Call list
Together, these records may help establish whether the sender lacked consent or continued contacting you after you asked the messages to stop.
What compensation may be available?
For certain TCPA violations, you may seek actual financial loss or $500 for each covered violation, whichever is greater. In a class action, the potential total may grow when the same practice results in many covered calls or texts. A court may increase the amount to as much as $1,500 for a knowing or willful violation.
Taking action after repeated messages
Good records can help show whether a company used a widespread practice. You may also report unwanted communications to the Federal Communications Commission or the Missouri attorney general. When the legal rules or calling pattern are unclear, a class action attorney can help assess the evidence and clarify whether the conduct could support a group claim.
