Our TCPA Practice: The Two Types of Cases We Are Currently Accepting

The Telephone Consumer Protection Act (TCPA) was enacted to protect consumers from intrusive, unwanted calls and texts. Over the years, however, TCPA litigation has become increasingly complex due to shifting court interpretations surrounding evolving technology. As a result—and due to high demand for our legal services—Wells Law – Chicago currently limits its TCPA practice to two specific categories of cases where the law is clear, enforceable, and meaningful relief is achievable. In a nutshell, they are pre-recorded voice calls and marketing calls to numbers registered on the Do-Not-Call List. 

Our decision to focus more narrowly is intentional and allows us to provide careful, high-quality representation in cases with a strong legal footing.

Below is an overview of the two types of TCPA cases we currently consider, along with guidance on whether a potential claim is a good fit for our practice.

1. Robocalls Using an Automated or Prerecorded Voice (Without Consent)

The TCPA strictly limits calls that use an artificial or prerecorded voice to deliver a message. These are often the classic “robocalls” consumers recognize immediately.

Signs You’re Receiving a Prerecorded or Automated Voice

Common indicators include:

• The call begins with a noticeable pause or delay before anyone “speaks.”

• The voice sounds scripted, flat, or unnaturally consistent across multiple calls.

• The message plays in full without allowing real interaction.

• Pressing keys or saying “stop” or “remove me” has no effect—or only triggers another recording.

  
  

While Artificial Intelligence has made it more challenging to tell at times, if you receive the same or very similar message more than once, that is often a strong indicator of a prerecorded system.

Why We Do Not Handle Other Types of Robocall Cases

You may have heard about lawsuits involving autodialers or “ATDS” systems. Prior to recent shifts in court interpretations, we handled many large-scale ATDS class actions with great success.  In recent years, multiple court decisions—including those from the U.S. Supreme Court—have significantly narrowed the definition of an ATDS under the TCPA. These rulings have made many autodialer-based cases legally uncertain, fact-intensive, and difficult to pursue efficiently.

By contrast, calls using a prerecorded or artificial voice remain clearly regulated, and liability more straightforward.

Signs of a Robocall Case We Would Consider

We are most likely to consider representation where:

• You received two or more calls using an automated or prerecorded voice;

• The calls came from a legitimate, identifiable business (not a scammer or fly-by-night operation);

• You did not provide consent to be called—ideally, you have never had any relationship with the company;

• Or, if you did previously consent, you clearly revoked that consent and the calls continued.

  
  

2. Marketing Calls to Numbers on the National Do-Not-Call Registry

The TCPA also protects consumers who register their phone numbers on the National Do-Not-Call (DNC) Registry from unwanted telemarketing calls.

How to Register Your Number on the Do-Not-Call List

You can register your phone number for free at www.donotcall.gov. Registration is permanent unless the number is disconnected or reassigned. Once registered, most telemarketing calls must stop.

What Counts as a “Marketing” Call?

A marketing (or telemarketing) call is one that:

• Encourages the purchase or rental of goods or services;

• Promotes a business, product, or service;

• Seeks to generate sales leads or customer interest.

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Even calls that appear “informational” at first may qualify as marketing calls if their purpose is promotional.

Why We Do Not Handle Other Types of Calls (Such as Political Calls)

Certain categories of calls—such as political calls, surveys, or purely informational outreach—are treated differently under the TCPA and are often exempt from DNC restrictions.

Signs of a Do-Not-Call Case We Would Consider

We are most likely to consider your case if:

• Your number was registered on the National Do-Not-Call Registry;

• You received two or more marketing calls from the same company;

• The calls were placed by or on behalf of a legitimate business;

• You had no prior business relationship with the caller, or any such relationship had ended;

• You did not give express permission for marketing calls.

  
  

A Practice Focused by Design

While some firms may handle a broader scope of TCPA cases, due to the volume of inquiries we receive and the evolving state of TCPA law, we take a different approach. This focused scope allows us to evaluate cases efficiently, pursue claims with strong legal support, and advocate effectively for our clients to pursue maximum compensation and relief.

If you believe your situation fits within one of these categories, we encourage you to reach out for a free case review.

This content is for informational purposes only and does not constitute legal advice.