CONSUMER RIGHTS ON TAP
Simple explanations of consumer laws, scams, recalls, and your legal options.
What Do They Stand to Gain?
Why Robocallers Keep Calling (Even Though They Can Be Sued)
2/18/26- There’s a moment in The Office where Jim questions DeAnge/lo's fake juggling routine:
“What could he stand to gain from a fake juggling routine?”
Pam responds:
“What could he stand to gain from a real juggling routine?”
It’s a joke about motive. But it’s also the right question to ask when it comes to robocalls and spam texts.
Because if companies can get sued for illegal robocalls under the TCPA…
Why do they keep calling?
Why do they keep texting?
What is the purpose?
What do they stand to gain?
By the way... I'm a huge Office fan... but if you don't remember DeAngelo Vickers was Michael Scott's replacement when he moved to Colorado with Holly. :)
Yes — They Can Get Sued
Under the Telephone Consumer Protection Act (TCPA):
- $500 per illegal call or text
- Up to $1,500 per call if willful
That sounds serious.
So why would a company risk sending 10,000 texts?
Why risk 100,000 robocalls?
Why keep texting after someone replies STOP?
They can get sued.
So again: What do they stand to gain?
The Answer: Volume
Because only a fraction of people sue.
That’s the math.
Let’s be honest.
How many people reading this article are getting robocalls or spam texts right now… and doing nothing about it?
Actually — this author included. I get multiple per day.
We ignore them.
We block the number.
We delete the text.
We move on.
And they know that.
The Business Model
Robocall campaigns work on scale.
If a company sends:
- 100,000 texts
- 1% respond
- 0.1% convert
- A single converted customer generates $500–$2,000 in profit
That campaign may still be profitable — even if a few people sue.
They calculate that:
- Most people won’t know their rights.
- Most people won’t preserve evidence.
- Most people won’t contact a lawyer.
- Most people will just ignore it.
So what do they stand to gain? Revenue.
Why Do They Keep Texting After “STOP”?
This is where the motive question becomes even sharper.
If someone replies STOP and the messages continue, that’s riskier.
So why do it? Because:
- Opt-out systems fail.
- Vendors don’t sync databases.
- Marketing departments push volume.
- Compliance isn’t prioritized.
- They assume enforcement is rare.
And often, they’re right.
Only a small percentage of recipients ever assert their TCPA rights.
“They Know They Can Get Away With It”
That sounds cynical — but from a business risk perspective, it’s often true. If:
- 10,000 people receive a message,
- 50 complain,
- 5 hire attorneys,
- 1 files a lawsuit,
The campaign might still turn a profit.
That’s the calculation.
Not because it’s right.
But because it’s profitable.
Let's Look at the Numbers...
📞 How Many Robocalls Are Made Each Year? In the United States -
- ~50–55 billion robocalls per year in recent years
- That averages 4+ billion per month
- Roughly 150+ million robocalls per day
At peak periods, Americans receive over 4 billion robocalls per month. Let that sink in.
📱 Spam Text Messages - Spam texts are exploding -
- Americans receive tens of billions of spam texts per year
- In some estimates, over 20–30 billion spam texts annually
- SMS phishing (“smishing”) reports to the FTC have increased dramatically over the past few years
Consumers now report receiving more unwanted texts than calls in many cases.
But.... ⚖️ How Many TCPA Lawsuits Are Filed?
Despite tens of billions of calls and texts… Only a few thousand TCPA lawsuits are filed per year.
Typical annual filings:
- Roughly 1,500–3,000 federal TCPA cases per year
- Additional cases filed in state courts
Even if we assume 3,000 lawsuits in a year… Compared to 50+ billion robocalls.
That’s a microscopic enforcement rate.
📊 The Math... If:
- 50,000,000,000 robocalls are made
- 3,000 lawsuits are filed
That’s: 0.000006% enforcement
That’s why they keep calling.
They’re betting most people:
- Won’t know the law
- Won’t preserve evidence
- Won’t contact counsel
- Won’t sue
💰 FTC Complaint Data - Each year:
- The FTC receives millions of complaints about unwanted calls
- Robocalls consistently rank among the top consumer complaints nationwide
But complaints ≠ lawsuits.
That gap is where the business model survives.
Americans receive over 50 billion robocalls a year.
Only a few thousand TCPA lawsuits are filed annually.
That’s the math.
That’s what they stand to gain.
If even 1% of recipients enforced their rights, the robocall industry would collapse overnight.
That’s not hyperbole. It’s economics.
(Sources: YouMail Robocall Index, FCC tracking data)
Why the TCPA Still Matters
The TCPA exists precisely because volume marketing creates incentives to overreach.
The law shifts the equation.
$500 per call or text.
$1,500 if willful.
Suddenly, scale becomes dangerous.
One person with 20 unlawful texts could mean:
- $10,000 minimum
- Up to $30,000 if willful
And when companies realize consumers enforce their rights, the math changes.
The Real Question
So when your phone lights up again…
Ask the same question:
What do they stand to gain?
And then ask:
What do you stand to gain by doing nothing?
Most people delete the message.
Most people block the number.
Most people never assert their rights.
That’s the gap the business model relies on.
The Bottom Line
Robocalls and spam texts continue not because they’re legal — but because they’re profitable. They stand to gain:
- Volume conversions
- Easy revenue
- Minimal enforcement
But when consumers understand their rights under the TCPA, that equation changes. And that’s why the question matters. What do they stand to gain?
And more importantly —
What are you going to do about it?
The Disappearing Spare Tire
What Every Car Buyer Needs to Know
2/10/26 - For decades, a spare tire was considered a basic safety feature. If you got a flat, you pulled over, changed the tire, and continued on your way. Today, many consumers are learning — often at the worst possible moment — that their new vehicle doesn’t have a spare tire at all.
Instead, automakers are increasingly selling vehicles with nothing more than a small air compressor, a bottle of sealant, or in some cases, no backup equipment whatsoever. This quiet shift has left many drivers stranded, frustrated, and facing unexpected towing and repair costs.
Why New Cars Often Don’t Include a Spare Tire
Automakers have been steadily removing spare tires in an effort to reduce vehicle weight and improve fuel economy. Lighter vehicles help manufacturers meet efficiency standards and reduce production costs. But while this change benefits manufacturers, it often creates real-world problems for consumers.
According to Consumer Reports, vehicles sold since 2020 break down roughly as follows:
- Only 9% include a full-size spare tire
- 46% include a temporary “donut” spare
- 34% come with only a compressor and tire sealant kit
- Approximately 4% include no flat-tire solution at all
For many drivers, this means a single pothole or piece of road debris can leave them completely dependent on roadside assistance or a tow truck.
Why “Fix-a-Flat” Kits Are Not a Real Substitute
Tire sealant kits are often marketed as a modern replacement for spare tires. In reality, they only work in very limited situations.
Sealant kits typically do not work if:
- The damage is in the sidewall
- The tire has suffered a blowout
- The puncture is too large
- The tire pressure dropped too low before the driver noticed
These scenarios are common — especially with potholes, highway debris, and curb damage — which means many drivers discover too late that their emergency kit is useless.
What Consumers Should Check Immediately
If you own or are shopping for a vehicle, it’s important not to assume anything about what is included.
Check your vehicle now:
- Look under the trunk floor or cargo mat
- Check beneath the rear of the vehicle for an externally mounted spar
- Identify whether you have a spare tire, a donut, or only a sealant kit
If you see molded foam, a small compressor, or a bottle of sealant, you likely do not have a spare tire.
Confirm your exact trim level. Two vehicles that look identical can have very different equipment depending on trim level and options. Review the window sticker, owner’s manual, or VIN-specific equipment list. If you’re buying a used vehicle, do not rely on online listings. Many sellers incorrectly assume a spare tire is included.
What to Ask Before Buying a Car
If you’re purchasing a new or used vehicle, don’t ask whether it has a spare tire. Ask the dealer to physically open the trunk and show you what is included.
If the vehicle does not have a spare:
- Ask whether one can be added
- Negotiate to have a spare included in the deal
- Ask whether the vehicle is designed to safely store on
- Confirm whether adding a spare affects cargo space or vehicle performance
These are reasonable questions — and asking them before signing paperwork can save significant expense later.
Should You Buy a Spare Tire Separately?
For many consumers, purchasing a spare tire after the fact is worth considering. While spare tires are not inexpensive, towing and emergency roadside services can be far more costly — especially at night, during bad weather, or in remote areas. Before purchasing a spare, make sure to confirm:
- Correct wheel size and bolt pattern
- Brake clearance (particularly important for hybrids and electric vehicles)
- Whether your vehicle includes a jack and lug wrench (many do not)
- Safe storage options
In many cases, the cost of a spare tire is less than the cost of a single tow.
The Consumer Takeaway
The elimination of spare tires is a significant change that many buyers do not discover until after the sale — and sometimes not until they are stranded.
Consumers should be informed about what safety equipment is included in their vehicles and should not assume that long-standing features are still standard.
If you believe important safety information was not clearly disclosed during your vehicle purchase, or if you were misled about what was included, you may have legal rights under state and federal consumer protection laws.
Being informed before a breakdown happens can make all the difference.
