The Telephone Consumer Protection Act (TCPA) lets consumers sue companies for unwanted calls and texts. Damages run $500 per violation, or up to $1,500 if the violation was willful. In 2025–2026, the Supreme Court freed courts from automatic FCC deference. An appeals court struck down the FCC’s one-to-one consent rule. The FCC then substantially revised its call-revocation rules in September 2026. No single nationwide “TCPA class action” exists. Instead, dozens of active cases target specific companies, with 2026 settlements ranging from roughly $1.6 million to $18.8 million.
If you’ve gotten an unwanted robocall or spam text, you may have a legal claim worth real money. TCPA class action lawsuits let consumers sue companies that call or text without permission. 2025–2026 has brought more legal change to this area than almost any period since the law passed in 1991. This guide covers what qualifies, what changed, real 2026 settlements, and how to check your own situation.
Key Takeaways
- The TCPA allows $500 per violation, or up to $1,500 for willful violations, through a private right of action.
- A June 20, 2025, Supreme Court ruling in McLaughlin Chiropractic Associates v. McKesson Corp. freed district courts from having to follow FCC interpretations of the TCPA.
- The FCC’s 2023 one-to-one consent rule was vacated by the Eleventh Circuit. It was formally removed from federal regulations on August 29, 2025, and never took effect.
- On September 9, 2026, the FCC issued a new Report and Order substantially revising its call-revocation rules. This superseded a previously delayed January 31, 2027, effective date.
- Federal courts are currently split on whether unwanted text messages violate the TCPA’s Do-Not-Call provisions. At least one 2026 ruling found texts aren’t “calls” under that specific rule.
- TCPA litigation volume swung sharply in 2026: filings were up over 26% year-to-date through February. They then dropped 45% in July compared to 2025.
- Recent 2026 settlements include $18.8 million (O’Reilly Auto Parts), $2.875 million (Farmers Insurance), and $1.625 million (Comodo Group). Individual payouts have ranged from roughly $127 to $596 per class member.
- No single case covers every TCPA claim. Each settlement covers only the specific calls, dates, and company named in that case.
What Is the TCPA, and What Counts as a Violation?
Congress passed the Telephone Consumer Protection Act in 1991 to control intrusive telemarketing. It restricts calls, texts, and faxes to consumers. The FCC and courts have since extended its reach to cell phones and SMS messages, which didn’t practically exist when the law was written.
A violation generally involves one or more of the following:
- A call or text using an automatic telephone dialing system or a prerecorded or artificial voice. It must be sent without the consumer’s prior express consent.
- A telemarketing call made to a number on the National Do-Not-Call Registry.
- Continued calls or texts after a consumer revoked consent or asked the company to stop.
- Unsolicited fax advertisements sent without a compliant opt-out notice.
Each individual call or text is generally treated as a separate violation. That’s the mechanism that turns a single bad marketing campaign into a class action. A company that sends 50,000 unconsented texts creates 50,000 separate statutory claims, even if no one recipient suffered large financial harm.
How Much Can You Recover From a TCPA Claim?
The TCPA’s private right of action, found at 47 U.S.C. § 227(b)(3) and § 227(c)(5), allows a consumer to recover:
| Violation type | Statutory damages |
|---|---|
| Standard violation | $500 per call or text (or actual monetary loss, if greater) |
| Willful or knowing violation | Up to $1,500 per call or text (three times the standard amount) |
In practice, individual consumers rarely see the full statutory amount. Class action settlements divide a negotiated fund among every class member who files a claim. Actual payouts depend heavily on how many people come forward and how large the fund is. Real 2026 settlements have paid class members anywhere from roughly $125 to $600 per person. That’s well below the statutory ceiling, but still real money for something free to claim.
What Changed in TCPA Law During 2025 and 2026?
This is the most important context for anyone researching TCPA claims right now. Several major legal shifts have hit in rapid succession. Older articles on this topic are likely already out of date.
The Supreme Court freed courts from FCC deference
On June 20, 2025, the Supreme Court decided McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., No. 23-1226, in a 6–3 ruling. The Court held that the Hobbs Act doesn’t require district courts to accept the FCC’s TCPA interpretation in private civil lawsuits. Before this ruling, courts often treated FCC orders as binding. Now, judges independently interpret what the statute means, while still giving the FCC’s views “appropriate respect.” This gives both sides more room to argue an FCC interpretation is wrong. It’s expected to fuel more litigation, not less.
The one-to-one consent rule was struck down before it ever applied
In 2023, the FCC adopted a “one-to-one consent” rule. It required that consent to receive marketing calls be tied to one specific seller, rather than a whole network of lead-generation partners. The Eleventh Circuit vacated this rule in Insurance Marketing Coalition Limited v. FCC. That came just days before it was set to take effect. The FCC chose not to appeal. On July 14, 2025, the FCC issued an order formally removing the vacated rule from the Code of Federal Regulations. The final notice published in the Federal Register on August 29, 2025. The pre-2023 definition of “prior express written consent” remains in effect. In short: if you’ve seen headlines claiming the one-to-one consent rule is now being enforced, that’s incorrect. It never took effect and was formally erased from federal regulations.
The call-revocation rules keep getting rewritten
Separately, the FCC has spent nearly two years finalizing rules on how consumers revoke consent to be called, sometimes called the “revoke-all” rule. This includes how long a business has to honor that revocation. The effective date has been pushed back repeatedly. It moved from an original 2025 target, to April 11, 2026, to January 31, 2027. Then, on September 9, 2026, the FCC released a new Report and Order substantially revising these rules again. It responded to industry concerns, including financial institutions worried about accidentally silencing fraud alerts alongside debt-collection messages. The new rules take effect just 30 days after Federal Register publication, superseding the January 2027 date entirely. Businesses and consumers alike should expect the exact revocation rules to keep shifting into 2027.
Courts are split on whether texts count as “calls”
Several 2026 rulings, including one from the Seventh Circuit, have found text messages aren’t “telephone calls” under the TCPA’s Do-Not-Call registry provisions specifically. Texts are still covered under the TCPA’s separate autodialer and consent provisions. This is a narrow, technical distinction, but it’s already affecting how some class actions get argued and valued. A Florida federal judge also ruled in 2026 that the FCC exceeded its authority when it extended the do-not-call provisions to wireless subscribers in 2003. If that decision stands, it could have far broader implications.
Is There One TCPA Class Action, or Many?
Many. This is a common point of confusion for consumers searching “TCPA class action lawsuit,” expecting one case they can join. There isn’t one. TCPA class actions are filed individually against specific companies over specific calling or texting campaigns. A settlement in a case against, say, an insurance agency covers only the people that agency contacted during the case’s specific period. It doesn’t cover everyone who’s ever received a spam call.
TCPA litigation volume itself has been volatile through 2026. Filings were reported up more than 26% year-to-date through February, compared to the same period in 2025. Serial plaintiffs who file dozens of cases a year drove part of that. But filings then dropped sharply, down 45% in July 2026 compared to July 2025. Some attorneys point to this as an early sign the regulatory uncertainty above is cooling new filings, at least for now.
Recent TCPA Class Action Settlements (2026)
Real settlements give a more honest picture of what a TCPA claim is actually worth than the statutory maximum does.
| Case | Amount | Approx. per-person payout | What it involved |
|---|---|---|---|
| O’Reilly Auto Parts (SMS/DNC case) | $18.8 million | Not specified in reporting | SMS messages sent to numbers on the Do-Not-Call list |
| Starling v. Farmers Insurance Exchange et al. | $2.875 million | Up to $425 | Telemarketing calls/texts to numbers on the DNC Registry, ~8,039 class members |
| Johnson v. Comodo Group | $1.625 million | ~$596 | Prerecorded telemarketing calls without consent, 12,757 class members |
| GoldCo (Call Loop text platform) | $2 million | Not specified in reporting | Text messages to numbers on the Do-Not-Call list |
These are a sample, not a complete list. New TCPA settlements are filed and approved on an ongoing basis. Each one only pays consumers actually contacted by that specific defendant during the case’s covered period.
Do State “Mini-TCPA” Laws Add More Protection?
Yes, in some states. Several states have passed their own telemarketing statutes that mirror, and sometimes exceed, the federal TCPA. Florida’s Telephone Solicitation Act (FTSA) is the most litigated example. It carries the same $500–$1,500 statutory damages structure as the federal law. In May 2023, Florida amended the FTSA to clarify what counts as consent. It also added a 15-day safe-harbor period for companies to fix a consumer’s opt-out request, aimed at slowing a wave of class actions the original law had triggered. Washington and Oklahoma have similar state-level telemarketing statutes. If you live in one of these states, you may have a state-law claim even where a federal TCPA claim is weaker.
How Do You Know If You Qualify for a TCPA Claim?
You may have a claim if:
- You received a call or text from a business using an autodialer or a prerecorded/artificial voice. You never gave consent.
- Your number is on the National Do-Not-Call Registry, and a company called you anyway to sell something.
- You told a company to stop calling or texting you, and it kept contacting you afterward.
- You received unsolicited marketing faxes without a proper opt-out notice.
You generally do not need to prove you suffered financial harm. The statutory damages exist because Congress recognized unwanted calls as an intrusion worth compensating on their own, separate from any measurable loss.
How Do You File a TCPA Claim or Join a Settlement?
There are two different paths, depending on your situation:
- Joining an existing class action settlement. If a company that contacted you has already settled a TCPA case, you’ll typically be notified by mail or email if you’re part of the class. That notice includes instructions and a filing deadline. You can also search a defendant’s name plus “TCPA settlement” to check for an open claims process.
- Filing an individual claim. If no class action exists yet for your situation, an attorney can evaluate an individual case. They can also explore joining or starting a new class action. Before doing either, gather:
- Call logs, voicemails, and text message screenshots showing the date and number.
- Any record of when you asked the company to stop contacting you.
- Details on whether your number is registered on the Do-Not-Call Registry.
Most TCPA and consumer-protection attorneys offer free initial consultations, since these cases are typically handled on a contingency basis.
What’s the Deadline to File a TCPA Claim?
TCPA claims generally must be filed within four years of the violation. That comes from the federal catch-all statute of limitations at 28 U.S.C. § 1658, since the TCPA sets no limitations period of its own. State mini-TCPA claims may carry different deadlines depending on the state. If you’re considering a claim based on calls from years ago, confirm the deadline with an attorney before assuming it’s too late.
How We Verified This
This article draws on the actual Supreme Court opinion in McLaughlin Chiropractic Associates v. McKesson Corp., pulled directly from supremecourt.gov. It also draws on FCC orders and Federal Register notices. Settlement figures come from TCPA-focused legal publications (TCPAWorld, Troutman Amin) and settlement-tracking sites (ClassAction.org), each citing specific case captions and docket numbers. Litigation volume statistics come from industry compliance reports. Given how quickly this area is moving, confirm current rule effective dates before relying on this article for any compliance decision.
Frequently Asked Questions
What is a TCPA class action lawsuit?
It’s a lawsuit under the Telephone Consumer Protection Act. A group of consumers who received the same type of unwanted calls or texts from one company sues together. Each class member can recover statutory damages without having to prove individual financial harm.
How much money can I get from a TCPA lawsuit?
The statute allows $500 per violation, or up to $1,500 for willful violations. Class settlements typically pay less per person, since a fund is divided among many claimants. Real 2026 settlements have paid roughly $125 to $600 per class member.
Is there one big TCPA class action I can join?
No. TCPA class actions are filed separately against individual companies over specific calling campaigns. There’s no single nationwide case. You can only join a settlement if the specific company that contacted you has an open one.
Did the one-to-one consent rule take effect in 2026?
No. The Eleventh Circuit vacated the FCC’s one-to-one consent rule before it ever took effect. The FCC formally removed it from federal regulations on August 29, 2025. The prior consent standard remains in place.
What did the Supreme Court’s 2025 TCPA ruling change?
In McLaughlin Chiropractic Associates v. McKesson Corp., the Court ruled that district courts no longer must automatically follow FCC interpretations of the TCPA in private lawsuits. Courts now interpret the statute independently, which is expected to increase litigation activity.
Do text messages count as TCPA violations?
Generally yes, under the TCPA’s autodialer and consent provisions. However, several 2026 rulings found texts specifically aren’t “calls” under the TCPA’s Do-Not-Call Registry provisions. Courts are currently split on that narrower, more technical question.
Can I sue over calls that I consented to at first but later revoked?
Yes. Continuing to call or text after a consumer revokes consent is a common basis for TCPA claims. The FCC’s exact rules on how revocation must be honored are still being revised as of September 2026. Specifics may keep changing.
How long do I have to file a TCPA claim?
Generally four years from the date of the violation, under the federal catch-all statute of limitations. This can vary for related state-law claims.
Do I need proof I never gave consent?
You don’t need to prove a negative outright. Records like Do-Not-Call Registry registration, a stop-contact request, or no prior account with the company can all help support a claim. An attorney can help assess what you have.
How do I find out if a company I’ve dealt with has an open TCPA settlement?
Search the company’s name together with “TCPA settlement” or “class action,” or check settlement-tracking sites like ClassAction.org. If you already received a settlement notice by mail or email, you’re likely already identified as a class member.
Conclusion
TCPA class action lawsuits remain one of the most active areas of consumer litigation. But 2025 and 2026 have reshaped the legal ground under them. The Supreme Court freed courts from automatic FCC deference. The one-to-one consent rule died before it ever applied. The FCC’s call-revocation rules have been rewritten multiple times, most recently in September 2026. Real settlements this year have ranged from under $2 million to nearly $19 million. Individual consumers have collected anywhere from roughly $125 to $600 per claim.
There’s no single case to join. If you’ve received unwanted calls or texts, the fastest way to know where you stand is to check whether that company has an open settlement. Keep your call logs and any stop-contact requests either way. [Speak with a consumer-protection or TCPA attorney] to evaluate your specific situation — most offer free consultations.
Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. FCC rules, court rulings, and settlement terms described here are subject to change, and some remain contested in ongoing litigation. Verify current rules and deadlines with a licensed attorney before relying on this information.
Sources and Further Reading
- Supreme Court of the United States: McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., No. 23-1226 (June 20, 2025)
- Consumer Financial Services Law Monitor: FCC Overhauls TCPA Revocation Rules Before They Even Take Effect (Sept. 2026)
- Byte Back: Looking Back on the Last Year of State-Level TCPA Updates
- TCPAWorld: Comodo Group settlement approval (Feb. 2026)
- ClassAction.org: $2.87M Farmers Insurance TCPA Settlement
- Federal Communications Commission: Telemarketing and Robocall Rules
Ayesha Awais is a content writer for JudicialNexus.com, covering accident reports, injury-related news, lawsuits, and public safety updates. All content is informational in nature and based on publicly available sources.
