LEGAL LOOPHOLES & ROBOCALLS — Do TCPA Exceptions Give Telemarketers a Free Pass?
Telemarketers Are Still Bound by the TCPA—Even When They Claim “Exceptions”
Unwanted phone calls and spam texts are more than a nuisance—they may be illegal under the Telephone Consumer Protection Act (TCPA). And while some businesses try to hide behind vague exemptions or obscure legal interpretations, the law is clear: consumers have rights, and telemarketers face serious penalties for violations.
At R23 Law, our California Consumer Protection Attorneys specialize in holding telemarketers accountable—even when they claim an “exception” applies.
What the TCPA Protects You From
Enacted in 1991, the TCPA restricts how and when companies can contact you. Specifically, it prohibits:
Robocalls to cell phones and landlines without consent
Auto-dialed or prerecorded messages to emergency lines or hospital rooms
Text messages that are unsolicited or promotional
Calls to numbers on the Do Not Call Registry
Harassing or deceptive tactics used during collection or sales calls
Violations can result in $500–$1,500 per call or text—even if you never answered the phone.
But What About the Exceptions?
Yes, the TCPA has narrow exceptions—but these are heavily regulated, and telemarketers often misuse them. Common exemptions include:
Non-commercial calls (e.g., political surveys, nonprofit outreach)
Healthcare-related calls (e.g., appointment reminders)
Emergency communications
Calls where you have a prior business relationship
Manual (non-auto-dialed) calls made for service—not solicitation
Even if a company qualifies for one of these exceptions, they must still follow federal rules, including limits on frequency, disclosure requirements, and honoring opt-outs.
The Facebook v. Duguid Supreme Court Decision: What It Changed
In 2021, the Supreme Court ruled in Facebook v. Duguid that only dialing systems using random or sequential number generation qualify as auto-dialers under the TCPA. As a result, some companies try to exploit this ruling by arguing their technology doesn’t meet that definition—even though their behavior is still intrusive and unlawful.
But don’t be fooled: the ruling narrowed, not erased, TCPA protections. If your phone is still ringing with spam, you may still have a case.
Why Exceptions Don’t Let Telemarketers Off the Hook
Telemarketers may try to argue:
You “consented” by doing business with them
The call was “informational” rather than promotional
The message was manually dialed
The call was to alert you about a package or insurance notice
However, none of these excuses automatically protect the caller. In fact:
The FCC limits the number of permitted calls, even under exemptions
Courts look at whether you were misled or annoyed
The burden of proof is on the telemarketer to show the exception applies
R23 Law’s TCPA attorneys are skilled at piercing these defenses and holding violators accountable.
Real Damages, Real Consequences for Telemarketers
If you’ve been illegally contacted, you may be entitled to:
$500 per violation (negligent)
$1,500 per violation (willful or knowing)
Actual damages for lost time, distress, or career impact
Injunctive relief to stop future calls
Our attorneys will determine whether you can also join a class action lawsuit, increasing your potential recovery and helping stop systemic abuse.
You Don’t Pay Anything Unless We Win
At R23 Law, we represent TCPA clients on a contingency fee basis—you pay nothing unless we secure a settlement or court victory. Our fees come from the telemarketer’s payout, not your pocket.
Hiring our team means:
No upfront costs
No hourly billing
Maximum leverage against corporate defendants
We’ve helped Californians recover damages, stop the calls, and send a strong message to the companies abusing consumer data.
When You Should Take Legal Action
Consider calling R23 Law if:
You’ve received multiple robocalls or texts from the same number
You’re getting spam despite being on the Do Not Call list
A company is contacting you using deceptive caller ID info
You've requested to stop calls, but they keep coming
You're being harassed with auto-dialed voicemails or prerecorded messages
The longer you wait, the harder it may be to preserve evidence—and the more chances the telemarketer has to violate your rights.
Let R23 Law Fight for You—and Make It Count
Whether it’s one robocall or a dozen spam texts, your time and privacy matter. At R23 Law, our California Consumer Protection Attorneys don’t just stop the calls—we fight to make them pay.
📞 Request your free consultation today. We’ll evaluate your case, explain your rights, and start building your claim—all at no cost to you.
