ILLINOIS TCPA and ATDA Lawyers

If you live in Illinois and are tired of unwanted robocalls, spam texts, or pre-recorded voicemails, you have strong legal protections under federal and state law. At FCRA Attorneys, we help consumers fight back using the Telephone Consumer Protection Act (TCPA) and the Illinois Automatic Telephone Dialers Act (ATDA) — two powerful tools to hold companies accountable and recover $500 to $1,500 per illegal call or text.

In this article, we break down your rights, how the laws work, and what types of robocall cases we accept in Illinois.

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Understanding Your Rights Under the TCPA and ATDA

What Is the ATDA?

The Illinois Automatic Telephone Dialers Act (ATDA) (815 ILCS 305/1 et seq.) is a state law that protects Illinois residents from robocalls and autodialed messages made without their consent. It was passed before the federal TCPA and remains one of the strongest consumer robocall protections in the country, especially after the 2021 Facebook v. Duguid U.S. Supreme Court decision limited the reach of the federal TCPA.

Key features of the ATDA:

• Applies to calls or texts made using automated systems
• Covers prerecorded voice messages
• Protects landlines and cell phones
• No need for the system to randomly or sequentially generate numbers
• Damages: $500 per call, up to $1,500 if willful

What Is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a federal law that:

• Bans prerecorded or autodialed calls to cell phones without prior express consent
• Requires written consent for marketing calls or texts
• Gives consumers the right to opt out
• Also allows claims for Do Not Call (DNC) list violations

Although recent court decisions have narrowed some definitions under the TCPA, it remains a powerful law — and when combined with the ATDA, Illinois consumers often have two separate claims for each illegal robocall or text.

Types of Robocall Cases We Accept in Illinois

At FCRA Attorneys, we accept the following types of robocall, voicemail, and text message cases under the ATDA and TCPA:

✅ 1. Pre-Recorded Voicemails Without Consent

• Example: A debt collector leaves a voicemail using a robotic voice, and you never gave them permission to contact you.
• ATDA & TCPA violation if sent to a cell phone and no consent was given.

✅ 2. Autodialed Calls from Telemarketers

• Example: A solar panel company or insurance agent calls repeatedly using a dialer system.
• If you never gave them your number or withdrew consent, you may have a claim.

✅ 3. Spam Text Messages

• Example: You receive marketing texts, often from shortcodes, with no way to opt out — or even after replying “STOP.”
• These are often violations of both laws.

✅ 4. Debt Collection Calls to the Wrong Person

• Example: You keep getting calls or texts for a debt you don’t owe, or for someone else.
• If they continue after you say “wrong number” — clear violation.

✅ 5. Ringless Voicemails (RVMs)

• Example: You receive voicemails without your phone ever ringing, often for car warranties or loan offers.
• ATDA and TCPA claims are possible.

Damages: How Much Can You Recover?

Both the TCPA and ATDA allow for statutory damages:

Each call, text, or voicemail is a separate violation.

📌 Example: If you received 10 robocalls from a company without your consent, you may be entitled to $5,000–$15,000 or more.

Legal Requirements: What We Must Prove

To win your case under the ATDA and TCPA, we must show:

Under the ATDA:

1. The call or text was made using an automatic dialing system or prerecorded voice
2. You were called without your express consent
3. You are a resident of Illinois
4. The number called was your cell phone or residential line

Under the TCPA:

1. You received a call, text, or voicemail to your cell phone
2. The call used an autodialer (broadly interpreted in Illinois courts) or prerecorded voice
3. You did not give prior express consent, or revoked it

We do not have to prove actual harm — just that the illegal communication occurred.

The Process: What to Expect When You Contact FCRA Attorneys

Here’s how we handle robocall and autodialer cases in Illinois:

1. Free Case Review

• We review your voicemails, call logs, texts, and other proof.
• We’ll verify the call source using reverse lookup tools or subpoena.

2. Determine Viability

• We assess whether your case meets ATDA or TCPA standards
• We look for repetition, willfulness, and possible stacking with other claims (e.g., FDCPA)

3. Send Demand or File Suit

• If appropriate, we file a federal lawsuit (usually in the Northern District of Illinois).
• We may negotiate settlement, or proceed to litigation.

4. You Get Paid

• We pursue maximum statutory damages
• You keep your award — we are typically paid by the defendant if we win

Why Illinois Is One of the Best States for Robocall Lawsuits

• Broad state-level protections under the ATDA
• Plaintiff-friendly courts in the Northern District (Chicago)
• Ability to stack TCPA + ATDA claims
• Statutory damages of up to $3,000 per call between both laws
• Can combine with FDCPA, FCRA, or invasion of privacy if facts support

Call Us If You…

• Keep getting robocalls, voicemails, or spam texts
• Are contacted by a company you never gave your number to
• Told a company to stop calling, and they didn’t
• Are being harassed over a debt that isn’t yours

Get Help Today

If you live in Illinois and are receiving unwanted robocalls, prerecorded messages, or texts, you may be entitled to thousands of dollars in compensation. At FCRA Attorneys, we specialize in consumer protection litigation — and we’ve helped countless clients just like you take action and get justice.

WE CAN GET YOU COMPENSATION
FREE CASE EVALUATION
(888) 498-9533

Disclaimer: FCRA Attorneys handles federal Telephone Consumer Protection Act (TCPA) cases exclusively in United States District Courts. Our attorneys may or may not be licensed in the state courts of this jurisdiction and do not handle any state-law matters.

Legal services in this state may be provided by an attorney who is licensed in this state and/or admitted to practice before the United States District Courts located in this state. That attorney will be responsible for all legal services provided to clients in this jurisdiction.

Attorney Advertising: Prior results do not guarantee a similar outcome.