Evidence checklist

What Evidence Do You Need for a Robocall Claim?

Clear, original records can help a reviewer understand who called, when the contact occurred, what the message said, and whether permission had been given or withdrawn.

Published by TCPA Justice Editorial Team

You do not need a perfect evidence file before asking for a TCPA review. Still, accurate records can make an inquiry easier to understand and can help distinguish a potentially actionable communication from a call that is merely unwanted. The most useful materials often establish a simple timeline: the caller, the receiving number, the message, the consent history, and what happened afterward.

Protect sensitive information. Do not submit passwords, Social Security numbers, full financial account numbers, payment-card details, or other financial credentials. If a document contains sensitive data, ask the reviewer what is needed before sending it.

Start with the call log

Your phone's call history can show the incoming number, date, time, call duration, and whether the call was answered, missed, or sent to voicemail. Take screenshots before older entries disappear. If the same number called repeatedly, capture enough of the surrounding log to show each entry and its context.

A carrier statement or downloadable usage record may help when the device log is incomplete. Keep the original record if available. A typed list can be a useful index, but it should supplement rather than replace screenshots or carrier data.

Record dates and times precisely

Use the date and time shown by the phone or carrier. Note the time zone if you traveled or if a report could otherwise be confusing. Avoid estimates such as “every day for months” when individual dates can be recovered. If a date is approximate, label it that way.

Preserve every displayed phone number

Save the incoming number, callback number, short code, and any number included in a text or voicemail. Do not assume the caller ID proves who placed the call; spoofing and third-party calling are possible. The number remains an investigative lead even when identity is uncertain.

Identify the caller or company carefully

Write down the company, product, service, or organization named in the message. Preserve any website, mailing address, agent name, account reference, or callback instruction. If a live person identifies a different company from the caller ID, note both names without deciding which is correct.

Explain any prior relationship. Did you purchase from the company, request a quote, complete an online form, apply for credit, hold an account, or provide the number for another purpose? These facts may be relevant to consent and caller responsibility. Keep related documents or confirmation pages if they are still available.

Capture screenshots with context

A useful screenshot should be readable and show the relevant number or sender, date, time, and content. For a long text thread, take overlapping screenshots so no portion appears disconnected. Retain the original images on the device or in a secure backup and avoid drawing arrows or adding captions to the only copy.

If you need an annotated version for your own organization, make a duplicate first. Editing can remove metadata, hide context, or create questions about authenticity. The same rule applies to cropped call logs and photographs of another screen.

Save text messages and opt-out responses

Preserve the complete conversation, including the first marketing message, sender information, any disclosure or link, your response, and later messages. A “STOP” response can be significant, but the full thread shows when it was sent and whether a confirmation arrived.

Do not delete messages after taking a screenshot if you can safely keep them. Device exports, backups, or carrier records may preserve information that a screenshot does not. Avoid clicking unfamiliar links simply to identify a sender; the visible message and URL can be documented without opening it.

Keep voicemails in their original form

Voicemails can show whether a voice was prerecorded or artificial and may identify a caller, purpose, callback number, or opt-out method. Save or export the audio when your phone allows it. Also capture the voicemail screen showing the date, time, and originating number.

A written transcript can help a reviewer scan the content, but label it as your transcript and keep the audio. Do not shorten the only recording to the most important portion. Greetings, pauses, transfer language, disclosures, and the ending can all provide context.

Handle recordings cautiously

Recording laws differ by jurisdiction and circumstances. Some places require consent from more than one participant. Before intentionally recording a live call, determine what law applies or ask a qualified attorney. TCPA Justice does not advise consumers to violate recording or privacy laws.

If you already have a lawfully made recording, preserve the original file. Note the device used, date, participants, and whether the recording began before or after the call was answered. Do not edit, filter, enhance, or splice the original.

Document consent withdrawal

A request to stop calls or texts may be important. Keep evidence of exactly what you communicated and how:

  • A screenshot of a text response such as “STOP,” including the sender and timestamp.
  • A copy of an email or letter and evidence of delivery, if available.
  • A confirmation page, ticket, or reference number from an online opt-out.
  • Contemporaneous notes of a live conversation, including the date, time, number, agent name, and words used.

Then identify each call or text that occurred after the request. Do not rewrite old notes to appear contemporaneous. If you are reconstructing an event from memory, state that clearly.

Preserve Do Not Call registration details

If the National Do Not Call Registry may be relevant, keep the date the receiving number was registered and any confirmation or verification you can obtain. Registration does not stop all calls, and exceptions may apply, so also preserve facts about the caller's purpose and any prior business relationship.

A company-specific request not to call can be separately important. Keep any policy, confirmation, or note associated with that request. The guide What Is a TCPA Robocall Case? explains why Do Not Call status is one part of a broader review.

Organize evidence chronologically

Create a simple index with one row per call or text: date, time, incoming number, type of communication, short description, and the filename of supporting material. Add events such as giving consent, revoking consent, registering a number, or contacting the company. A chronological file makes gaps and patterns visible.

Use descriptive filenames such as 2026-07-15-1430-voicemail-original.m4a. Keep a read-only or untouched folder of originals and place working copies elsewhere. Back up important evidence to a secure location you control, and retain the device when feasible.

Avoid editing original files

Do not overwrite, compress, enhance, redact, crop, or convert the only copy of a record. Changes can strip metadata or raise questions about completeness. If privacy requires a redacted copy for initial review, keep the untouched original and clearly label the second file as redacted.

Do not fabricate missing screenshots, change timestamps, merge separate conversations without labeling them, or ask another person to recreate a message. Honest gaps are better than a record whose reliability can be challenged.

What should you submit first?

The current homepage form does not accept uploads. Begin with a concise factual summary: the caller or company, receiving number, approximate call count and date range, whether a prerecorded or artificial voice was used, any consent or stop request, and the evidence you have preserved. A reviewer can request appropriate materials later through a suitable process.

Evidence supports analysis; it does not guarantee a violation, representation, or payment. Read Can You Get Compensation for Unwanted Robocalls? for qualified information about possible statutory damages and the many factors that can affect an outcome.

Ready to describe what happened?

Use the existing inquiry form to provide a factual summary. Keep original evidence available, but do not submit highly sensitive credentials or identification numbers.

Go to the TCPA Inquiry Form