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1543
Total TCPA Lawsuits in 2025:
up 44% YoY
1172
Class Action Lawsuits:
a YoY increase of 76%
A FOUNDATION OF RISK
What is the TCPA?
Passed in 1991, the TCPA is a federal U.S. law created in response to consumer concerns about telemarketing, specifically addressing complaints leveraged at the FCC regarding companies using telephone contact for business purposes or solicitation. The TCPA sets guidelines for appropriate telemarketing practices, including restrictions on the use of automated telephone dialing service (ATDS) equipment, and puts the burden on companies to maintain do-not-call lists of consumers who have opted out.
The TCPA limits the use of a variety of devices and practices used in telemarketing:
- Pre-recorded messages
- Artificial messages, commonly referred to as “robocalls”
- Automated telephone dialing systems (ADTS)
- Text messages and fax machines
Other TCPA provisions include:
- The prohibition of calling residences outside the hours of 8am and 9pm local time
- The requirement that the caller identify themselves and/or who they are calling on behalf of, and provide a phone number or address for the company
- The prohibition of making automated or artificial calls to emergency lines, doctors’ offices, mobile phones, or any recipient who will be charged for the call
- The prohibition of sending unsolicited faxes to businesses, or auto-dialing more than two lines of the same business
- The requirement of maintaining a company-specific do-not-contact list of recipients for five years, as well as honoring the National Do Not Call Registry
FINES
TCPA Non-Compliance Results in Staggering Fines
The FTC announced the federal Do Not Call registry in 2003 and continues to tighten its stipulations today. The average TCPA (Telephone Consumer Protection Act) judgment is now a staggering $6.6 million. And there has been a 26% year-over-year increase in TCPA-related lawsuits, of which, 60% of these lawsuits are class actions, meaning even greater exposure for your business.
Common TCPA Compliance Vulnerabilities Include:
- Outbound calling through CRM systems
- Utilizing auto-dialers (ATDS)
- Partnering with third-party marketing agencies
- Being targeted by professional litigants
- Improper handling of Caller ID information
- Receiving Civil Investigative Demands (CID)
- Facing consumer Private Rights of Action (PRA)
RISKY
What makes the TCPA so risky?
Average damages awarded exceed $6 million.
$500
for each violation of the do not call registry
$500
per phone call that violates the TCPA
$1500
per phone call if the consumer can show that the company knowingly disregarded the TCPA
STRUGGLE
Enterprises Struggle to Maintain TCPA Compliance
Today, many large enterprises attempt to maintain compliance with constantly changing TCPA regulations at the federal, state and international levels based on aging technology and processes that were built years ago. Complicating factors include:
- Outdated technology and processes
- Employee turnover and loss of knowledge
- Evolving U.S. and international regulations
- Multiple business units and siloed data
- Customer service eco-systems that live outside the CRM
- Complex customer lifecycles across various channels
- Lack of comprehensive audit procedures
- Staff training for onboarding and continuing education
INFRASTRUCTURE
Enterprise Organizations Require World-Class TCPA Infrastructure
Large organizations need a trusted partner with best-in-class technology, processes, and experts to offload the TCPA management burden and gain peace of mind. PossibleNOW provides a complete range of services.
Infrastructure
- World-class infrastructure with SOC 2 certification
- High-speed integration throughout your tech stack
Consulting
- Compliant processes & procedures for contacting consumers
- Vulnerability assessments
- Ongoing auditing, monitoring, and support
- Expert litigation defense team
- Processes & procedures audit reporting
Scrubbing
- DNC list scrub for federal, state, wireless, and international lists
- Access to the Reassigned Numbers Database
- Access to the list of predatory TCPA litigators
- DNC List Management Services
- Mobile Scoring to assess risk of mobile contacts
- Established Business Relationship (EBR) management
- Manage new 1-to-1 consent collection & revocation requirements
Knowledge Sharing
- TCPA training for employees and partners
- Notification of call time restrictions that vary by state
- A comprehensive direct marketing compliance guide - RegInfoHub
- Email notifications for monthly holiday alerts and relevant States of Emergency that affect call time restrictions
Regardless of where you are in your journey or if you want to outsource part or all of your TCPA compliance infrastructure, we can help. Call today to learn more.
DEFEND YOUR ORGANIZATION
How PossibleNOW can help bullet-proof your TCPA compliance
DNCSolution is a critical component for hundreds of companies in maintaining TCPA compliance against the highest standards of the law. With DNCSolution, effortlessly handle direct marketing compliance across all channels of communication including calls, texts, emails, and direct mail, so that you can stay focused on your core business.
DNCall and DNText features include:
- High-volume scrubbing against all state, federal, wireless, and company-specific Do Not Call databases
- Scalable technology to handle multiple call centers and thousands of representatives
- Enable compliant mobile marketing campaigns via text
- Collect and manage opt-out requests for calls and texts to landlines or mobile numbers
- Access the optional TCPA known litigator list, further mitigating your company’s exposure to risk
- Exceptional customer support and application training for your team
- Integrates into your own current business technology stack
- 100% compliance guarantee