The vast majority of TCPA cases never make it to trial — they settle instead, and for good reason.
The High-Stakes Math of Telemarketing Litigation
- Statutory damages: $500 per violation, up to $1,500 if the violation is willful.
- One consumer with 50 illegal calls can be looking at $25,000–$75,000 before attorney fees.
- Class actions multiply that exposure into the millions.
Top Reasons Cases Settle
- Cost of defense — even a "win" at trial can cost hundreds of thousands in legal fees.
- Uncertainty — juries are unpredictable and recent court decisions have created inconsistent interpretations of key TCPA terms.
- Reputational risk — public trials generate bad press and invite more lawsuits.
- Discovery burdens — defendants prefer not to turn over internal call records and vendor contracts.
- Insurance — many companies carry insurance that encourages early settlement to cap exposure.
What This Means for Consumers
Settlements are usually confidential and paid quickly. Consumers often recover meaningful compensation without testifying at trial. However, early settlements can sometimes undervalue strong cases — another reason why experienced counsel matters.
Justice doesn't always require a trial — just the right strategy. Use the No Call Attorney directory in your member profile to connect with TCPA specialists.
Educational content only. Nothing in this post constitutes legal advice. Always consult a licensed attorney for advice specific to your situation.