Am I Getting Illegal Robocalls? How to Tell

Q: Are political calls and charity calls illegal robocalls?

Generally no — political calls, charitable solicitation, and purely informational calls are exempt from the TCPA's robocall restrictions. However, the exemption only covers the type of call, not the method. An auto-dialed political call to a cell phone without consent would still be a TCPA violation if it doesn't qualify for the political exemption. If you're hearing a prerecorded voice selling something, it's almost certainly illegal.

Most people get robocalls and assume there's nothing they can do. That's what the companies making those calls are counting on.

The truth: most robocalls are illegal. And the ones that are illegal are worth $500–$1,500 each under federal law. This guide walks you through a quick decision tree to determine whether the calls you're getting qualify — and what to do if they do.

Quick Decision Tree: Is This Call Illegal?

Run your calls through this filter:

Did the call use a prerecorded message or auto-dialer?

→ Yes. Automated calls and prerecorded messages to your cell phone without your prior written consent are illegal under the TCPA. Proceed to the next question.

Did you give written consent for this specific company to call you?

→ Yes, specific company. The call may be legal — but check whether the consent was actually valid (not buried in fine print, not obtained by a third-party).

→ No / Not sure / "I just bought something from them once." Almost certainly a violation. Companies need written consent specifically for automated marketing contact. Buying something doesn't authorize robocalls.

Did you inherit this phone number from someone else?

→ Yes. Strong violation. The company called your number assuming it belonged to the previous owner. They never had your consent — and the FCC has ruled companies are responsible for calling reassigned numbers without valid consent.

Was your number on the Do Not Call Registry for 31+ days when the calls came?

→ Yes. After 31 days on the DNC Registry, telemarketing calls become a separate violation — on top of any TCPA claim from the call method itself.

Did you tell the caller to stop, and they kept calling?

→ Yes. This is a willful violation. Willfulness triggers $1,500 per call (not $500), and the company knew they were violating the law. Document the date you told them to stop.

The 5 Types of Illegal Robocalls

Here's a plain-language breakdown of the most common illegal robocalls:

Strong Claim

Wrong-number calls (inherited number) Company called a number that was reassigned to you. They called the previous owner, you answered. Their argument for "we had consent" collapses completely.
Strong Claim

Prerecorded messages selling something You hear a recorded voice that wasn't a live person. Almost always a TCPA violation if you didn't specifically sign up to receive prerecorded calls from that company.
Strong Claim

Auto-dialed calls after you said "stop" You texted, emailed, or verbally told them to stop calling. Any call after that is a willful violation at $1,500 per call.
Moderate Claim

Auto-dialed calls you didn't consent to You didn't give written consent for automated calls. They called anyway. Standard violations at $500 per call.
Moderate Claim

Calls to a number registered on the DNC Registry 31+ days after registration, most telemarketing calls are separate violations. Especially strong if combined with an auto-dialer or prerecorded message.

Rule of thumb: If you hear a prerecorded voice trying to sell you something — a "warranty," a "free vacation," a " IRS notice," a "lower interest rate" — it's almost certainly a TCPA violation. Companies running these campaigns know they're illegal. They're counting on you not knowing the law.

What About Legitimate Calls?

Not every call you didn't ask for is illegal. Know the difference:

Political calls and campaign messages — generally exempt from TCPA restrictions
Charitable solicitation — generally exempt
Informational calls (delivery alerts, fraud alerts, appointment reminders) — may be exempt if you consented and the content is purely informational (not selling anything)
Live calls from a company you have an existing relationship with — typically legal if the relationship was established and the call is within scope

The key differentiator: is a machine delivering a sales message? That's the violation. A live human calling you — even if it's unwanted — is harder to pursue under the TCPA.

Getting illegal calls? Document and report them now.

Don't block the number yet — let the calls build your case. Submit your call log to CallBounty. We'll score your case strength, preserve evidence, and connect you with TCPA attorneys on contingency.

Report a Robocall →

What to Do Right Now

Don't block the number yet. Every additional call is another $500–$1,500 in your case.
Screenshot your call log. Date, time, number — all of it.
Answer and listen. Document what the call was about and who the company claimed to be.
Send a written stop request. Text "STOP" or email the company requesting removal. This starts your willfulness clock.
Report on CallBounty. Submit your call details and evidence. We score your case and connect you with attorneys.

The statute of limitations is 4 years from each call. If you've been getting these calls for months, you still have time — but don't let it drift. Document now.

Frequently Asked Questions

What makes a robocall illegal?

A robocall is illegal under the TCPA if it uses an automatic telephone dialing system (ATDS) or a prerecorded voice to contact your cell phone without your prior written consent. Wrong-number calls are also illegal — the company had no consent to call the new number owner.

Is a call from a company I recognize automatically legal?

No. Even if the caller claims to be a company you know, the call is only legal if they had your prior written consent for that specific type of contact. Consent buried in a terms-and-conditions checkbox or obtained by a third-party lead generator is frequently unenforceable.

What is a wrong-number robocall?

A wrong-number call is a call to a phone number that was reassigned — you inherited it from a previous owner. Companies that called the previous owner but continued calling after the number was reassigned never had your consent. These are among the strongest TCPA claims.

Do calls to numbers on the Do Not Call Registry count?

Yes — with a 31-day caveat. Once a number has been registered on the FTC's National Do Not Call Registry for more than 31 days, most telemarketing calls become violations on top of any TCPA claim.

Are political calls and charity calls illegal robocalls?

Generally no — political calls and charitable solicitation are exempt from TCPA robocall restrictions. However, the exemption covers the caller's identity (who is calling), not the call method. If you're hearing a prerecorded voice selling something, it's almost certainly illegal.