If your phone lights up with unknown numbers, you are not alone. YouMail estimates Americans received about 48.5 billion robocalls in the 12 months ending in August 2026. That is the lowest 12-month total since August 2022, but it still works out to roughly a dozen calls per person each month. Fortunately, federal and South Carolina law can help.
How Illegal Robocallers Hide
Many illegal robocallers use spoofing, which means faking the number that shows up on your caller ID. A call may appear to come from a local number or even your own, because people are more likely to answer a familiar number.
Under the federal Truth in Caller ID Act, spoofing is illegal when it is done to defraud, cause harm, or wrongfully obtain anything of value. Some callers also use AI-generated voices that sound human. The Federal Communications Commission (FCC) has ruled that those count as artificial voices under the Telephone Consumer Protection Act (TCPA).
When Robocalls Become Unlawful
In general, the TCPA prohibits:
- Prerecorded or artificial voice calls to your cell phone without your prior express consent, unless an exception applies. Marketing calls of this kind generally require prior express written consent.
- Telemarketing calls to a number that has been on the National Do Not Call Registry for at least 31 days, unless you signed a written agreement to be called or have an established business relationship with the caller.
- Calls or texts from businesses with which you have no established relationship, that continue after you revoke consent. You can revoke in any reasonable way, such as saying or texting "stop," and callers generally must honor your request promptly, and within 10 business days.
For prerecorded-voice violations, the TCPA may allow actual losses or $500 per violation, whichever is greater. Do Not Call claims allow up to $500 per violation and generally require more than one telemarketing call from the same company within 12 months. A court may triple either amount for willful or knowing violations.
South Carolina adds its own protection through the Telephone Privacy Protection Act. Telephone solicitors generally may not call or text between 9 p.m. and 8 a.m. without your written consent. They must identify themselves and the business they represent, provide contact information, state the purpose of the call, offer to add you to their do not call list, and end the call if you say you do not want to hear the offer. You may seek actual losses plus $1,000 per violation, or up to $5,000 if a court finds it willful, plus attorney fees and costs.
Practical Steps to Take Now
- Register your number at DoNotCall.gov. Legitimate telemarketers must respect it, though scammers often ignore it.
- Block and filter calls using your phone's built-in settings or tools from your carrier.
- Report suspected illegal calls to DoNotCall.gov, the FCC, and the South Carolina Department of Consumer Affairs, which can enforce the state law.
- Document everything. Save voicemails and texts, screenshot your call log, and note the date, time, number, company name, and what was said, including when you asked them to stop.
When You May Be Able to Pursue Compensation
Robocall claims usually depend on identifying who made the call. Spoofed scam calls can be hard to trace, and the real criminals who make scam calls (particularly those offshore) can be difficult to pursue. But some unwanted calls come from real businesses, including telemarketers, creditors, and debt collectors. A company name, callback number, or website can be the key detail. And if you're phone number used to belong to someone else, you may be getting calls intended to that person that -- when they don't stop -- can give you a strong case.
When you contact us, we will review your call records and talk with you about which laws may apply. If the calls involve an alleged debt, other protections may apply depending on who is calling and what they say.
If robocalls keep coming and you know or suspect who is behind them, call Dave Maxfield, Attorney, LLC at (803) 509-6800 for a free case review.
This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, please contact an attorney.
