Can I sue someone for calling me repeatedly?
Asked by: Prof. Cale Walker DVM | Last update: February 2, 2026Score: 4.5/5 (55 votes)
Yes, you can sue for excessive or harassing phone calls, primarily under the federal Telephone Consumer Protection Act (TCPA), which allows for $500 to $1,500 per violation for unwanted robocalls, texts, or calls after you've asked to be on a Do Not Call list, and under state laws like California's Penal Code 653m for criminal harassment. You can often file claims in small claims court, even against out-of-state companies, and lawsuits usually involve proving calls violated TCPA rules, especially regarding automated calls or calls to numbers on the National Do Not Call Registry.
Can you sue for excessive phone calls?
Your right to sue
Under the federal Telephone Consumer Protection Act, you can sue telemarketers for your actual monetary loss or up to $500—whichever is greater—for each call received after you placed your name on the Do Not Call Registry or asked the company not to call.
Is it considered harassment to call someone repeatedly?
There is a difference between an annoying call and a harassing one. Telephone harassment occurs when someone intends to annoy, harass, or threaten you by: making a telephone continually ring. making lewd, indecent, or obscene comments, suggestions, or requests over the phone.
Can you sue someone for calling you a lot?
However, not only do you have rights under the law to not be called by telemarketers, but if they keep calling after you tell them to stop, you can also sue them for damages.
Can you press charges if someone keeps calling you?
There are a few ways you can get in trouble for this. The police could arrest you for, and you could ulimately be charged with harrassment, stalking, peace disturbance, or if there is a protective order in place, a violation of the protective order.
Former telemarketer shares secrets to stopping the constant calls
How many phone calls before it's considered harassment?
The FDCPA provides clear and finite guidelines on what creditors and the collectors they hire can and cannot do. Did you know? A debt collector calling you more than seven times in a week could be considered harassment under the FDCPA. The FDCPA does not apply to creditors collecting for themselves.
What evidence do you need for harassment?
To prove harassment, you need a detailed log of incidents (dates, times, locations, what happened), supported by tangible evidence like emails, texts, photos, videos, and witness statements, plus documentation of your complaints and the harasser's responses, showing the conduct was unwelcome, severe/pervasive, and based on a protected characteristic (like sex, race, etc.). Medical records showing impact and formal reports to HR/police also significantly strengthen a case.
Is it worth suing for harassment?
Suing for harassment can be "worth it" if you have strong evidence, suffered significant damages (lost wages, emotional distress), and are motivated for accountability and compensation, but it's a difficult, lengthy process requiring strong "selfish" motivation (like money or justice) alongside a desire to stop future harm; it's best to consult an attorney to assess your case's strength and potential outcomes, as settlements vary widely.
What legally qualifies as emotional distress?
Emotional distress refers to mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.
Is being called names harassment?
It is considered verbal harassment if you have been called names, publicly humiliated, or threatened. Whether it happens at work, in school, in public, or online, verbal harassment creates toxic environments. Some individuals subjected to such attacks experience reduced self-esteem, leading to depression or anxiety.
Is it illegal to call someone 20 times?
Yes. Repeated, harassing phone calls are a violation of Penal Code 653m.
How many times does someone need to contact you for it to be harassment?
If someone approaches you or rings/texts you on two or more occasions then they may commit an offence of harassment. The behaviour must form a course of conduct, this means related behaviour on two or more occasions. The further apart the incidents are, the less likely there is to be an offence of harassment.
What to do if someone won't stop calling you?
Depending on what method of communication is being used, often you can easily block the person's phone number if the communication is originating from the phone. Most phone carriers allow you to do this online or you can stop by a local store for assistance.
What proof do you need to sue for harassment?
To sue for harassment, you need credible evidence proving severe or pervasive offensive conduct created a hostile environment, including detailed logs (dates, times, incidents), digital communications (texts, emails), witness statements, and potentially photos, recordings, or medical records, all showing a pattern that affected your ability to work or live, supported by documentation of your complaints to management or HR.
What to do about excessive phone calls?
The National Do Not Call Registry helps you reduce the number of telemarketing calls you receive. Stop unwanted sales calls by registering your phone number: Online: Visit DoNotCall.gov. By phone: Call 1-888-382-1222 or TTY: 1-866-290-4236.
Can I sue someone for spamming me?
The CAN-SPAM Act does not give consumers who have received spam email standing to file a private lawsuit for damages. Instead, private citizens must rely on the Federal Trade Commission ("FTC") or state attorneys general to sue on their behalf to recover damages, impose civil penalties, or impose injunctions.
What proof do I need for emotional distress?
To prove emotional distress, you need objective evidence like medical records (diagnoses, therapy notes), expert testimony from mental health professionals, and documentation of physical symptoms (sleep issues, panic attacks), alongside personal journals detailing impact, and witness statements from family/friends who observed changes, all to establish a clear link between another's actions and your severe suffering. A lawyer helps gather this proof to show the distress is severe and impacts daily life, not just temporary annoyance.
What evidence is needed for distress?
Common Types of Evidence
Session records showing ongoing treatment and the patient's mental health progress. Opinions from mental health professionals linking symptoms to the incident and explaining the expected duration of distress. Proof of medications prescribed to manage psychological symptoms.
Is it worth suing for emotional distress?
Suing for emotional distress can be "worth it" if you have severe, documented psychological harm (like PTSD, severe anxiety/depression) linked to another's outrageous or negligent behavior, especially when it causes financial losses (therapy bills, lost wages) or physical symptoms; however, it's difficult, requires strong evidence (medical records, expert testimony), and often needs an accompanying physical injury or distinct underlying claim, as general upset isn't usually enough.
What is the average payout for harassment?
Settlements Vs.
While the average settlement is under $37,000, another study found that when harassment lawsuits go to trial, the average payout increases to $217,000. This considerable difference is partly because cases that are deemed severe are more likely to require a court trial to prove.
Can you sue for harassment without proof?
Many workers in California fear the court will not take their claim seriously if no one saw what happened, especially if they are going against someone powerful. But the truth is, you can prove harassment even without witnesses.
What are the odds of winning a lawsuit?
The chances of winning a lawsuit vary greatly, but most personal injury cases (90-95%) settle out of court; for those that go to trial, plaintiffs win roughly 50-60% of the time, with car accidents having higher success rates (~61%) and medical malpractice cases having lower ones (~27-37%). Key factors influencing your odds include clear liability (proof the other party was at fault), strength of evidence (medical records, photos, witnesses), the type of case, and having an experienced lawyer.
What is proof of harassment?
The most valuable type of evidence in a criminal harassment case is direct witness testimony. Email, social media, and other messages are admissible as evidence in court. Witnesses will describe what occurred and how it made them feel.
How to legally tell someone to stop contacting you?
What to Do If Someone Is Harassing You
- Tell Them to Stop.
- Send a Cease and Desist Letter.
- File a Police Report or call 911.
- Get a Restraining Order.
- Keep Detailed Records.
What are the 9 grounds of harassment?
Harassment that is based on the following grounds— marital status, family status, sexual orientation, religion, age disability, race, or Traveller community ground— is a form of discrimination in relation to conditions of employment. What is sexual harassment? S23 EE Act.