Step-by-step checklist · Spam calls · FloridaHow to document spam calls and robocalls before the evidence disappears.

Last reviewed October 18, 2026 by Jackson McMillan, Florida attorney

Claims over unwanted calls are proved call by call. For each one, it matters when it came, which number it reached, whether a recorded or computer voice was used, what was being sold, who was behind it, and whether you ever agreed to it or asked it to stop. The federal Telephone Consumer Protection Act (TCPA) and Florida's Telephone Solicitation Act (FTSA) both turn on those facts. This checklist walks through what to save and how, in the order I'd do it.

Step 1: Confirm your Do Not Call registration

The National Do Not Call Registry is the free federal list for people who don't want sales calls. Check your number at donotcall.gov, or call 1-888-382-1222 from the phone you want to check. Keep the confirmation email. If you register online, that email contains a link you must click within 72 hours, or the registration doesn't go through.

• Write down your registration date. Registration never expires, but it can take up to 31 days for sales calls to stop, so calls in the first 31 days after you register may not count.
• Sign up for Florida's list too. The Florida Department of Agriculture and Consumer Services keeps a separate "no sales solicitation calls" list. It's free, and your number stays on it indefinitely. Whether the national list alone is enough for a Florida claim isn't settled, so register on both.
• Know what the lists cover. Both are about sales calls. Political calls, charity calls, debt collection calls, and surveys without a sales pitch are generally outside the federal Registry.

More on the Registry rules, including the 31-day window and the exemptions, is in my Do Not Call list guide.

Step 2: Screenshot your call history

Take screenshots of your recent calls so each entry shows the number, the date, and the time. On most phones you can tap a call for its details. Include missed calls and calls you declined; they can matter too. Do this now, because many phones only keep a limited number of calls in the list.

Then download your carrier's records. Most carriers show call and text details in your online account or on your monthly bill. Save those as PDFs. Carrier records back up your screenshots, and they often reach further back than your phone's own history.

Record every number even if it looks fake. Many sales calls use rotating or "spoofed" caller ID, meaning a number made up to look local. A spoofed number won't identify the caller by itself, but the pattern of calls is still evidence.

Step 3: Save every voicemail

A voicemail is often the single most useful piece of evidence in a robocall case, because it shows whether the call used a prerecorded message or an artificial voice. A prerecorded message is a recording played to you instead of a live person; an artificial voice is computer-made, including AI voices. Calls like that to a cell phone need your consent under the TCPA.

• Keep the audio, not just the transcript your phone shows. Transcripts miss what matters, like how the voice sounded.
• Export or share each voicemail to email or cloud storage so it survives a full mailbox or a new phone.
• Name each file with the date, time, and number, for example "2026-10-03 2.14pm 813-555-0100."

Step 4: Screenshot texts, including your STOP reply

For each marketing text, take a screenshot that shows the sending number, the date and time, and the whole message. Keep the full conversation thread. If you reply STOP, screenshot your reply and any confirmation that comes back.

Your STOP reply matters under Florida law. Before suing for damages over text solicitations under the FTSA, you must reply "STOP" to the number that texted you. The sender then has 15 days to stop, and you can sue only if you did not consent and the texts keep coming more than 15 days after your STOP. So save every text that arrives after that date. See spam texts in Florida for the details.

Don't tap links in spam texts. Screenshot them instead.

Step 5: Keep a call diary

Screenshots show that calls happened. A diary shows what they were. Fill in a row for each call or text as soon as you can, while you remember it. Here is a template you can copy into a notebook, a notes app, or a spreadsheet:

The column about the voice is the one people skip, and it's one of the most important. Under federal law, a recorded or artificial voice is often what separates a strong robocall claim from a weak one, since the definition of an autodialer has become narrow. Note anything that suggests a machine: a recording that starts the moment you pick up, a voice that can't answer questions, or the same message from different numbers.

Step 6: Write down how they might have gotten your number

The company's first defense is usually that you agreed to the calls. A sales robocall needs your prior express written consent, a signed agreement naming the seller and your number, and companies often say they got it through a website form. Think back and write down what you remember:

• Online quote requests for insurance, solar, loans, or home services
• Sweepstakes, giveaways, or contest entries
• Recent purchases, store sign-ups, or loyalty programs
• Loan, credit, or rental applications

Keep anything you signed or submitted, and any emails confirming it. If you are sure you never visited a site a company names, write that down too. Don't go back to a suspect site and fill out its form again to see what it says; that can create the very consent you're disputing.

Step 7: Find out who is behind the calls, carefully

A claim needs a defendant: a real business that can be identified and can pay a judgment. Many illegal calls come from scammers who fake their caller ID or work overseas, and those usually can't be sued in any practical way. But many calls are made for real sellers, and the seller can be responsible for calls a telemarketer or lead generator made on its behalf.

Clues that point to the business behind the calls:

• A company name, website, or product named in a voicemail or text
• A callback number that reaches a sales office
• A follow-up email, text, or letter after a call
• A quote, contract, or account you received afterward

Don't play along to get a name. Pretending to be interested, pressing 1 to "learn more," or giving out personal information can give the company something to point to later, such as a claim that you asked to hear from it. If you do answer, it's fine to ask who is calling and for which company, say you want no more calls, and hang up. Then write it down.

Part of my review is working out whether the business behind the calls can be identified. Sometimes it can't, and I'll tell you so plainly.

Step 8: Keep proof every time you say stop

Each stop request should leave a record. Screenshot STOP replies. After a call where you ask to be removed, write down the date, time, number, the caller's name, and your words. Federal rules give a company up to 10 business days to honor a request, so the calls and texts that arrive after that are the ones to watch. My page on calls after asking to stop explains the rules.

What not to do

• Don't delete anything, even calls or texts that seem unimportant. A pattern of calls is part of the evidence.
• Don't call back to argue or threaten a lawsuit. It won't stop the calls, it tells the caller your number is live, and anything heated can be used against you. Ask once to stop, note it, and move on.
• Don't record live calls on your own. Florida has strict rules about recording phone conversations. Voicemails left for you are different and should be saved. For live calls, take notes, and ask me before recording.
• Don't pay anyone who calls offering to take your number off call lists or to "settle" the calls for you.
• Don't wait. Phone histories roll over, and each call has its own deadline to sue.

Should I report the calls to the government?

You can. The Federal Trade Commission (FTC) takes reports of unwanted sales calls through donotcall.gov, and the Federal Communications Commission (FCC) also accepts complaints. Reports help enforcement and create a record. They don't get you damages, they aren't required before you sue, and they don't pause any deadline. Keep a copy or screenshot of anything you file.

How long do I have to act?

Under the federal TCPA, the usual limit to sue is four years from the date of each call. Florida's FTSA doesn't state its own deadline, and courts haven't settled which one applies, so act well within four years. A few other rules affect timing: a federal Do Not Call claim requires more than one sales call from the same company within 12 months, and a Florida text claim requires the STOP step and the 15-day wait first.

One more point before anyone sues under Florida's FTSA: the winning side recovers its reasonable attorney's fees and costs from the losing side. That means a consumer who brings an FTSA claim and loses can be ordered to pay the company's fees. The federal TCPA, by contrast, has no fee-shifting provision for either side. I go over that risk with you before anything is filed.

Sources: Telephone Consumer Protection Act, 47 U.S.C. §§ 227(b), 227(c)(5); 47 C.F.R. §§ 64.1200(a), 64.1200(c), 64.1200(d); Fla. Stat. § 501.059; 28 U.S.C. § 1658(a); Federal Trade Commission, National Do Not Call Registry FAQs; Florida Department of Agriculture and Consumer Services, Florida Do Not Call program. Last reviewed October 18, 2026.