Robocalls & Cell Phone Harassment: Your Rights Under South Carolina and Federal Law
Dave Maxfield

If your phone rings constantly with robocalls, spam texts, or prerecorded messages, you’re not alone—and you’re not powerless. As a South Carolina attorney, I regularly hear from clients who feel overwhelmed by unwanted calls that interrupt their day and invade their privacy. These calls are more than just annoying—they’re often illegal.

 

What Are Robocalls?

Robocalls are automated telephone calls that deliver a recorded message. They’re commonly used by telemarketers, debt collectors, political campaigns, and scammers. While some robocalls are legal with prior consent (like reminders from your doctor or school), many violate the law—especially when made without permission.

 

Federal Law: The TCPA

The Telephone Consumer Protection Act (TCPA) is a federal law that restricts how and when businesses can contact you using automated technology. Under the TCPA, it is generally illegal to:

  • Call or text your cell phone using an autodialer or prerecorded voice without your prior express consent

  • Send marketing texts or calls to numbers on the National Do Not Call Registry

  • Continue contacting you after you've revoked consent

If a company violates the TCPA, you may be entitled to $500 to $1,500 per call or text, depending on whether the violation was willful.

 

South Carolina Protections

South Carolina’s consumer protection laws also prohibit unfair or deceptive practices. While the TCPA is your main shield against robocalls, South Carolina courts are increasingly willing to enforce these laws in cases of persistent cell phone harassment, especially when tied to debt collection or fraudulent schemes.

 

Common Signs of Illegal Robocalls

  • Calls from spoofed or fake local numbers

  • Pre-recorded messages asking you to “press 1” to speak with someone

  • Unsolicited texts promoting products, services, or fake offers

  • Repeated calls despite requests to stop

What You Can Do

If you're being harassed by robocalls or spam texts:

  1. Don’t answer unknown numbers—especially ones that call repeatedly.

  2. Register your number on the Do Not Call Registry.

  3. Save voicemails, call logs, and screenshots of text messages.

  4. Send a written request to stop contact.

  5. Speak with a consumer protection attorney to explore your legal options.

I’ve helped South Carolinians hold telemarketers, scam operations, and even legitimate businesses accountable for violating their privacy. Often, we’re able to pursue compensation at no upfront cost to the client.

Robocalls and cell phone harassment are more than just irritating—they’re often unlawful. You have rights under both federal and South Carolina law, and legal action can stop the harassment and get you paid.