Unwanted robocalls and text messages aren’t just a nuisance—they can also be against the law. The Telephone Consumer Protection Act (TCPA) gives you the right to fight back. The TCPA regulates telemarketing calls, including those made to a consumer’s cell phone using prerecorded messages or a pre recorded message. The law also covers calls made using an automated telephone dialing system and restricts certain types of calling practices. With 2025 bringing important updates, Demesmin and Dover is here to break down what you need to know.
What’s a TCPA Class Action?
If companies send automated calls or texts without your consent, each one can result in $500–$1,500 in statutory damages set by the TCPA. A plaintiff, or multiple plaintiffs in a class action, can bring TCPA claims on behalf of a group of affected individuals. Most TCPA class actions are initiated when plaintiffs allege widespread violations, and these claims can result in significant statutory damages. That adds up fast when many people are affected, making class action lawsuits a powerful tool for holding businesses accountable.
The Role of the Federal Communications Commission
The Federal Communications Commission (FCC) is at the heart of enforcing the Telephone Consumer Protection Act (TCPA) and shaping how telemarketing and telephone solicitations are regulated across the country. As the main federal agency overseeing communications, the FCC sets the standards that companies must follow when making phone calls or sending text messages to consumers.
In recent years, the FCC has stepped up its efforts to protect consumers from unwanted phone calls, text messages, and other forms of unauthorized communication. One of the FCC’s top priorities has been ensuring that companies obtain prior express consent before using automated systems to contact consumers. This means businesses must get clear, informed permission from you before sending marketing messages or making robocalls—and they must also make it easy for you to opt out at any time.
The FCC doesn’t work alone. It partners closely with the Federal Trade Commission (FTC) to crack down on illegal telemarketing practices and to educate consumers about their rights under the consumer protection act TCPA. Together, these agencies have launched joint initiatives to fight robocalls, stop deceptive practices, and make it easier for consumers to report violations.
The FCC also plays a key role in supporting class action litigation under the TCPA. By providing a straightforward process for consumers to file complaints about unwanted calls and messages, the FCC helps law firms and advocacy groups identify patterns of abuse and build strong tcpa cases. This has led to more class action lawsuits that hold companies accountable for violating the law.
What’s New with TCPA in 2025?
A lot has changed this year under the Telephone Consumer Protection Act (TCPA), and it affects how companies can call or text you:
Courts, not just the FCC, decide the rules now. A 2025 Supreme Court decision changed how TCPA cases are interpreted, allowing judges to set their own standards without relying on FCC guidance. For consumers, that means more case-by-case rulings, as explained in recent coverage. Different courts, such as the Fourth Circuit and the Northern District, may interpret the statute and regulations differently, leading to varying outcomes in TCPA litigation.
Easier ways to stop unwanted messages. A new FCC rule lets you say “STOP” (or any reasonable response) to opt out of texts and robocalls. Companies must honor your request within 10 business days, though they are allowed to send one final clarification message.
Lawsuits are going up fast. TCPA lawsuits have more than doubled in 2025 compared to last year. Most of them are class actions, meaning big groups of people are taking companies to court together. The increase in TCPA litigation is driven by alleged violations of evolving regulations at the national level. Courts are now more involved in interpreting what constitutes a TCPA violation under the statute, and claims of TCPA violations are leading to significant legal exposure for businesses.
AI is now under the microscope. Companies using AI chatbots, synthetic voices, or auto-texting tools must still get your clear permission before contacting you. If they don’t, they risk major penalties.
Real Settlements to Know
Designer Brands and DSW: Eligible consumers can claim $70 from a $4.42M class settlement if they acted before June 30, 2025.
Such settlements often involve a company with extensive experience in defending against TCPA claims, including those brought by or against debt collectors. Seasoned litigators and attorneys provide legal services to protect their clients’ interests and ensure compliance with regulations.
What You Can Do Right Now
Keep copies of texts/calls and note dates and opt-out attempts. Document any unauthorized robocalls or illegal calls you receive, including the caller’s information, caller ID details, and the telephone numbers from which the calls originate.
Keep a record of all telephone numbers associated with unwanted calls, as this information can help identify patterns and support enforcement actions.
Check with Demesmin and Dover Law Firm if you’re eligible for settlements—even small compensation helps.
With AI outreach increasingly under scrutiny, documenting consent is more important than ever. Not all robocalls are illegal, but it is crucial to ensure compliance with do-not-call regulations and proper consent to avoid being classified as an illegal call or unauthorized robocall.
The telecommunications industry and state attorneys general are actively working together to combat illegal calls, enforce do-not-call regulations, and protect consumers through caller ID verification and other technological solutions.
And a word to companies: if you’re unsure whether your practices hold up under new TCPA rules, reach out for legal guidance.
Talk to Us
If you’re getting unwanted automated calls or texts—or wonder if you might be part of a TCPA lawsuit—call Demesmin & Dover at 866‑954‑MORE (6673) for a free consultation. We are available 24/7.