The majority (vast?) of spam calls are scams/fraudulent where there is no company to sue/no assets to go after. Even spam calls with the names of legitimate companies are often scams. However, if you get a call from a company who actually can be sued, then it can be viable to sue in small claims. The law allows for actual damages or statutory damages (500 or 1500 per call depending on willfulness).
If you get a lot of calls, or are interested in being the named plaintiff in a class action, then I would talk to attorneys who do this type of litigation. There isn't a right for attorney's fees with just a TCPA claim, so generally attorneys take such cases on contingently, getting a third or so of any settlement/judgment. That's quite a good chunk of course, but whether a call is made with an "auto-dialer" can be rather technical and may require an expert witness.
