Enforcement and Penalties [47 USC 227(g)]
Citation: § 227(g) (state enforcement), § 227(c)(5) (private right of action), Section 227(g)
Q: What are the penalties for TCPA violations?
A: $500 per violation, up to $1,500 for willful violations. Both private individuals and State Attorneys General can sue [§ 227(c)(5), § 227(g)].
Key rule (§ 227(g)): State attorneys general may bring civil actions to enjoin violations and recover damages on behalf of residents.
Rule: TCPA has real teeth — $500-$1,500 per call, private right of action, class actions allowed, and 48 state AGs have MOUs with FCC for enforcement.
Who Can Enforce
Private Right of Action [§ 227(c)(5)]
| Enforcer | Authority |
|---|
| Individual consumers | Can sue directly |
| Class actions | Allowed |
| No government involvement needed | Private litigation |
State Attorneys General [§ 227(g)]
| Enforcer | Authority |
|---|
| State AGs | Can sue on behalf of residents |
| Federal courts | Exclusive jurisdiction |
| 48 state MOUs | With FCC for enforcement |
FCC
| Enforcer | Authority |
|---|
| FCC | Administrative enforcement |
| Forfeitures | Civil penalties |
| Injunctions | Can order compliance |
Damages and Penalties
Private Lawsuits [§ 227(c)(5)]
| Violation Type | Damages |
|---|
| Standard violation | $500 per violation |
| Willful/knowing violation | Up to $1,500 per violation |
| Actual damages | If greater than statutory |
State AG Actions [§ 227(g)]
| Remedy | Available |
|---|
| Injunction | Yes |
| Actual damages | Yes |
| Statutory damages ($500-$1,500) | Yes |
| Attorney’s fees | Yes |
Caller ID Spoofing [§ 227(e)]
| Violation | Penalty |
|---|
| Per violation | Up to $10,000 |
| Criminal penalties | Possible fines |
Why TCPA Litigation Is Common
Math of TCPA Class Actions
| Factor | Impact |
|---|
| $500 per call | High per-violation damages |
| Class certification | Aggregates thousands of calls |
| No harm required | Statutory damages apply |
| Willful = treble | $1,500 per call |
| Attorney incentive | Fee-shifting provisions |
Example Exposure
| Scenario | Potential Liability |
|---|
| 1,000 robocalls | $500,000 - $1,500,000 |
| 10,000 robocalls | $5,000,000 - $15,000,000 |
| National campaign | Tens of millions |
Defenses
Common TCPA Defenses
| Defense | Argument |
|---|
| Consent obtained | Prior express consent existed |
| Not an ATDS | Equipment doesn’t meet definition |
| Emergency purpose | Call was for emergency |
| Established business relationship | Had existing relationship |
| Wrong number | Reasonable procedures to avoid |
Consent Defense
The most important defense is documented consent:
| Element | Importance |
|---|
| Written consent | Best evidence |
| Timestamp | When consent given |
| Scope | What was consented to |
| Revocation tracking | When/if revoked |
Recent Enforcement Trends
FCC Focus Areas
- AI-generated voice scams
- Political robocalls
- Spoofed caller ID
- Cross-border robocalls
Class Action Trends
- Autodial definition litigation (post-Facebook v. Duguid)
- Consent scope disputes
- Revocation of consent claims
- Wrong number / reassigned number cases
AI Agent Risk Mitigation
If your AI makes calls:
| Risk | Mitigation |
|---|
| No consent | Document consent before calling |
| Ignoring opt-out | Immediately honor “stop” requests |
| No caller ID | Always identify at start |
| Calling DNC numbers | Check registry before calling |
| Class action exposure | Robust compliance program |
Compliance Checklist