Los Angeles Consumer Rights Attorney

TCPA: Robocalls, Spam Texts & Illegal Calls

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, is one of the most powerful consumer protection statutes in America. It creates statutory damages of $500 per violation (or up to $1,500 per violation if willful), meaning you don’t have to prove financial loss—each unwanted call or text is a separate claim.

What the TCPA Covers:

• Robocalls and prerecorded messages without prior express written consent (even from creditors you owe)
• Automated text messages and SMS to cell phones without consent
• Calls to numbers on the National Do Not Call Registry after 31 days
• Calls before 8 a.m. or after 9 p.m. in the recipient’s time zone
• Calls after you revoke consent (written revocation required for robocalls)
• Calls from debt collectors without written consent under Declaratory Judgment § 227(b)(1)(B)
• Calls using “Automatic Telephone Dialing Systems” (ATDS) — defined broadly post-Facebook v. Duguid (2021)

California Additions:

California law layers additional protections on top of federal TCPA:

• California Penal Code § 653m — Imposes criminal liability for phone harassment; creates private right of action for violations
• California Consumer Legal Remedies Act (CLRA), Civil Code § 1750 et seq. — Robocall schemes can constitute “unfair or deceptive practices”; treble damages available
• Unfair Competition Law (UCL), Bus. & Prof. Code § 17200 — Robocall practices are typically “unlawful” or “unfair” under California’s broadly-read statute

Key Case Law:

Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), clarified that an “Automatic Telephone Dialing System” (ATDS) means technology that uses a random or sequential number generator. This narrowed TCPA slightly but still covers nearly all modern robocall platforms. The Supreme Court confirmed that damages flow from the technology, not just the call content.

Common TCPA Violations We Handle:

• Debt collectors calling without written consent
• Mortgage servicers, utilities, and auto lenders sending robocalls/texts
• Payday lenders and online lenders using prerecorded threats
• Survey, political, and marketing robocalls
• Pharmacy and medical appointment reminders without prior consent
• Calls made after revocation of prior consent
• Calls to Do Not Call numbers

Interested in a dedicated deep-dive? See our comprehensive TCPA and Robocall page for more detail.

Fair Credit Reporting Act (FCRA) & Credit Reporting Violations

Credit reporting errors—whether it’s a mixed file, failure to investigate a dispute, or reporting debt after bankruptcy discharge—can destroy your creditworthiness and cost you thousands in higher interest rates. The Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., lets you sue credit reporting agencies and furnishers for violations.

FCRA Damages:

• $100–$1,000 in statutory damages per violation, regardless of actual harm
• Actual damages (lost wages, higher mortgage rates, emotional distress)
• Punitive damages if the agency knew it was in violation or acted with reckless disregard
• Attorney fees and costs (prevailing plaintiff fee-shift)

California Credit Reporting Law:

California’s Consumer Credit Reporting Agencies Act, Civil Code § 1785.1 et seq., imposes even stricter standards than federal FCRA:

• Credit reporting agencies must provide accurate, current, and complete information
• Agencies must conduct reasonable reinvestigation of disputed items
• Agencies cannot report information they know is incorrect
• Debt that is discharged in bankruptcy cannot be reported (Civ. Code § 1785.15)
• California allows broader civil remedies and does not cap damages

Common FCRA Violations:

• Mixed credit files (your credit report contains another person’s accounts or payment history)
• Failure to investigate disputes — reporting agencies must investigate within 30 days
• Reporting after bankruptcy discharge — discharged debt cannot be reported
• Identity theft accounts — fraudulent accounts incorrectly attributed to you
• Staleness — reporting negative items older than 7 years (or 10 for bankruptcy)
• Lack of reinvestigation notice — agencies must tell you the results of their investigation
• Reporting without permission — furnishers must have a legitimate reason to report

If you’ve noticed errors on your credit report or been denied credit, employment, or housing due to inaccurate reporting, a FCRA attorney can force a reinvestigation and recover damages.

Fair Debt Collection Practices Act (FDCPA) & Rosenthal Act

Debt collectors violate federal law regularly: calling before 8 a.m., threatening arrest for consumer debt, contacting your employer, claiming false debt amounts, and refusing to validate debt. The Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., lets you sue for up to $1,000 statutory damages plus actual damages and attorney fees.

FDCPA Coverage & Damages:

• Applies to third-party debt collectors (companies hired to collect on others’ debts)
• $1,000 statutory damages per lawsuit (not per violation—but courts have interpreted this broadly in class actions)
• Actual damages (lost sleep, anxiety, damaged relationships, lost time from work)
• Attorney fees and costs (full fee-shift to prevailing plaintiff)
• Injunctive relief (court order stopping illegal collection)

California Rosenthal Fair Debt Collection Practices Act — Broader Than FDCPA:

California Civil Code § 1788 et seq. applies to all debt collectors, including original creditors—a massive advantage over federal law. Many California creditors who violate the Rosenthal Act would escape FDCPA liability because they’re not third-party collectors.

• Original creditors who collect are covered (unlike FDCPA)
• $100–$1,000 statutory damages per violation — broader recovery per violation than FDCPA
• Actual damages, treble damages if willful — treble damages are not available under FDCPA
• Attorney fees and costs — mandatory fee-shift
• Injunctive relief available

Common Debt Collector Violations (FDCPA & Rosenthal):

• Calls before 8 a.m. or after 9 p.m. in your time zone
• Threats of arrest, garnishment, or repossession that cannot legally occur
• Contacting your employer, family, or friends (except to locate you)
• False debt amounts — claiming you owe more than you do
• Failure to provide debt validation — collector must provide amount, creditor, and your right to dispute within 5 days
• Continued calls after revocation of consent
• Harassment or abusive language — threats, profanity, repeated calls
• Calling after bankruptcy discharge — debt is eliminated and cannot be collected

If a debt collector is harassing you, making false threats, or breaking the law, we can force them to stop and recover damages—often $500–$3,000+ per case.

False Advertising & Consumer Fraud

California’s consumer protection statutes are among the strongest in the nation. If a company deceives you through false advertising, misleading claims, or unfair practices, multiple statutes give you a right to sue.

Key California Statutes:

• California Consumers Legal Remedies Act (CLRA), Civil Code § 1750 et seq.
  • Applies to deceptive practices in consumer transactions
  • Treble (triple) damages + attorney fees + injunctive relief
  • Class action friendly; no damage cap
• Unfair Competition Law (UCL), Bus. & Prof. Code § 17200
  • Covers unlawful, unfair, or fraudulent business practices
  • Extremely broad—covers nearly any deceptive conduct
  • Injunctive relief primary remedy; damages available in certain contexts
  • Class action eligible
• False Advertising Law (FAL), Bus. & Prof. Code § 17500
  • Targets false or misleading advertising
  • Damages + attorney fees + injunctive relief
  • Class action eligible

Damages & Remedies:

• Treble damages under CLRA (3x actual damages)
• Actual damages (price premium paid for false claim, lost money)
• Restitution (return of overcharged amounts)
• Attorney fees and costs (full fee-shift)
• Injunctive relief (court order stopping deceptive practices)
• Punitive damages in fraud cases (actual fraud, not just innocent misrepresentation)

Common False Advertising Claims:

• Health and supplement products with unsubstantiated claims
• Weight loss products and services
• Loan modification and debt relief services
• Extended warranties and protection plans
• Energy efficiency claims (appliances, home improvement)
• Organic, “natural,” or “eco-friendly” labeling
• Pricing deception (hidden fees, drip pricing)
• Bait-and-switch advertising

We’ve handled hundreds of false advertising cases in Los Angeles and have recovered millions in treble damages and restitution.

Lemon Law: Defective Vehicles & Manufacturer Warranty

California’s Song-Beverly Consumer Warranty Act, Civil Code § 1790 et seq., is one of the strongest lemon law statutes in America. If a new or used vehicle with a manufacturer warranty has repeated defects that cannot be repaired, you have the right to a refund or replacement at no cost to you—plus attorney fees and civil penalties.

What the Lemon Law Covers:

• New vehicles with manufacturer warranty
• Used vehicles with remaining manufacturer warranty (not all defects covered—only covered components)
• Defects affecting safety, use, or value — must substantially impair the vehicle

Damages & Remedies:

• Refund or replacement (full purchase price or equivalent vehicle, minus mileage)
• Civil penalty of $100–$250 per vehicle (treble penalty of 2x purchase price if manufacturer willfully violated the law)
• Attorney fees and costs (mandatory fee-shift to prevailing consumer)
• Pre-judgment and post-judgment interest at statutory rates

Repair Attempts & “Reasonable Number”:

The law requires a “reasonable number of repair attempts.” California courts typically find:

• 2 or more repair attempts for safety defects = reasonable number
• 4 or more repair attempts for non-safety defects = reasonable number
• Time in repair shop counts—if your car is in the shop for 30+ days total in the first year, you may have a lemon law claim

Key Points:

• Manufacturer must be given a final opportunity to repair before you can demand a refund (Civ. Code § 1793.22)
• Defect must manifest within the warranty period, even if repairs occur later
• Song-Beverly applies even if express warranty has expired if defect was within warranty period
• Dealer cannot waive lemon law rights

If your vehicle has been in the shop repeatedly or has a safety defect the manufacturer cannot fix, we can force a refund or replacement and recover your attorney fees.

Class Actions for Consumer Protection Violations

Many consumer violations are most efficiently litigated as class actions. When thousands of consumers face the same injury from the same illegal practice, a class action holds the defendant accountable and recovers massive compensation.

How Class Actions Work in California:

1. Class Certification: One or more named plaintiffs file suit on behalf of all similarly-situated consumers (the “class”)
2. Discovery: Both sides exchange documents and evidence
3. Motion for Class Certification: Judge decides if the claims are appropriate for class treatment (numerosity, commonality, typicality, adequacy)
4. Settlement or Trial: Case settles (usual outcome) or goes to trial
5. Class Distribution: Settlement funds (minus attorney fees, costs, and claims administration) go to class members

Class Action Statutes We Leverage:

• TCPA § 227(g)(3) — TCPA violations can be class actions with $500–$1,500 per class member
• CLRA § 1781 — Consumers Legal Remedies Act permits class actions with treble damages
• UCL § 17602 — Unfair Competition Law allows representative actions on behalf of California consumers
• FAL § 17505 — False Advertising Law allows class actions
• FCRA § 1681p — Fair Credit Reporting Act class actions for systematic violations

Advantages of Class Actions:

• Individual damages may be small ($50–$500), but collectively they total millions
• Only one case litigated—efficient for courts and defendants
• Individual class members don’t have to hire attorneys (costs shared across class)
• Defendant cannot ignore or settle piecemeal
• California courts strongly favor class actions for consumer protection violations

If you suspect a company is illegally affecting thousands of consumers, we can evaluate whether your case qualifies for class certification and recover on behalf of the entire consumer group.