What draws these claims
Automated and prerecorded calls, text campaigns sent to numbers that never agreed to receive them, calls placed to numbers on a do not call registry, and unsolicited faxes. Consent sits at the center of nearly all of it: whether it existed, what it actually covered, and whether it was withdrawn. The other feature that shapes TCPA litigation is scale. Claims are commonly brought on behalf of everyone who received the same campaign, so a single message sent to a purchased list can turn into a matter far larger than the message itself. That is also why these cases tend to move quickly once filed.
If your business sent the messages
Preserve the consent records immediately, before a vendor archives or purges them. That means how each number was collected, the exact disclosure language shown at sign up with the version history, the timestamps, and the record of opt out requests and how fast they were processed. Add the platform or vendor agreement and a clear account of who actually pressed send, since outsourced campaigns raise the question of who is responsible for them. Note whether the list was scrubbed against do not call sources and when. Consent that cannot be shown as it existed at the time of the message is the usual pressure point. It is also worth checking your policies, because some coverage responds to these claims.
If you are the one receiving them
Keep the call log, screenshots with visible timestamps, the numbers involved, and a record of anything you did to ask them to stop, including replies to a text. Note whether you ever had an account or a relationship with the sender, because that is the first thing anyone will ask. Federal rules and state telemarketing statutes both apply, several states impose requirements that go further than the federal baseline, and where you and the caller are located can change the analysis. Deadlines apply and they differ by type of claim. Agencies also accept complaints, and that runs on a separate track from any private claim you might bring.
