What could it cost?
The law sets the price. $500 for each call or text. Up to $1,500 each if it was willful. Florida adds the same again for Florida numbers. Type in how many messages and see the number.
The most the law allows for 10 messages
$5,000That is $500 per message. If a court decided you did it on purpose, it could be three times that: $15,000.
How the number works
The TCPA does not ask what the call cost the person. It sets an amount for each one: $500. That is in 47 U.S.C. § 227.
If a court decides a business broke the rules on purpose, or knew it was breaking them, the court can go up to three times that amount: $1,500 per call or text.
Florida's law, Fla. Stat. § 501.059, has its own $500 to $1,500 per call. A message to a Florida number can count under both laws.
The count goes back four years from the day a lawsuit is filed.
Why the letter's number is lower
The letter usually asks for less than this calculator shows. That is the sender's offer to settle now instead of going to court. It is also only for the calls they know about. If it goes to court, the other side can look at all your records.
What makes the number smaller
- Messages that are more than four years old do not count.
- Messages to a number where you have the person's written yes do not count.
- Messages that were not yours do not count.
Check your records for each number before you accept any figure. Not sure what counts as a written yes? Read what is consent. Then read what happens next.
Short questions
Is the number in the letter the same as this?
Usually it is lower. The letter offers to settle for less than the law allows, if you deal with it now.
Does this include every call we ever made?
No. Only the messages you type in. A lawsuit can look at all your records, so the real exposure is often bigger than the letter.
What does "willful" mean here?
That you did it on purpose or knew you were breaking the rules. Being warned and continuing is the usual example. A court decides.
Why does Florida double it?
Florida has its own law with its own $500 to $1,500 per call. A text to a Florida number can break both laws at once.