The TCPA carries penalties of up to $1,500 per call — and there is no cap on total liability. Here is what every US business running outbound calls or texts needs to know, and how to protect itself before the first dial.
What Is the TCPA?
The Telephone Consumer Protection Act (TCPA), enacted in 1991 and significantly expanded by FCC rule-making through the 2010s, restricts how businesses may contact consumers by phone. The core prohibitions relevant to most businesses are:
- No automated or pre-recorded calls to mobile numbers without prior express written consent
- No calls or texts to numbers on the Federal Do Not Call Registry without a prior established business relationship or written consent
- No artificial or pre-recorded voice messages to residential landlines
- Mandatory opt-out mechanisms for text messages
- Time restrictions: calls only between 8am–9pm local time of the called party
TCPA Penalties: The Numbers
A single SMS campaign of 10,000 messages to numbers that include 500 DNC-registered recipients — at $500 each — equals $250,000 in statutory damages. And that is the non-wilful rate. Courts have certified TCPA class actions with aggregate damages reaching into the hundreds of millions of dollars.
The Professional Plaintiff Problem
The TCPA grants a private right of action to any individual — meaning anyone who receives an unwanted call or text can sue without needing to prove actual damages. This has spawned an industry of professional TCPA plaintiffs who specifically register numbers, wait for businesses to call or text them, and file suit.
Our DNC checker includes a separate tcpa_litigant flag that cross-references known professional plaintiffs. Filtering these numbers before your campaign is one of the most cost-effective risk reduction steps you can take.
Building a TCPA-Compliant Outbound Process
- Obtain documented consent — Get written or electronic consent before texting any mobile number. Store consent records with timestamps.
- Scrub against DNC before every campaign — Run your list through a DNC checker within 31 days of each outbound campaign.
- Identify line types — Only text mobile numbers. Use a mobile validator to classify your list.
- Flag TCPA litigants — Remove any number flagged as a known litigant.
- Honor opt-outs within 10 business days — Maintain a suppression list and honour requests immediately.
- Maintain scrub records — Document every DNC scrub with date, results, and list version.
Automate Compliance with the Phone Validator API
Manual list scrubbing before each campaign is error-prone. The Phone Validator API lets you automate validation at every point of contact capture — web forms, CRM imports, dialer intake — so that no number enters your system without first being checked against the DNC registry, TCPA litigant database, and carrier validation. One API call returns all the data you need in under one second.
Frequently Asked Questions
Does TCPA apply to B2B calls?
The DNC Registry primarily covers residential and personal mobile numbers. However, TCPA restrictions on automated calls (ATDS) and pre-recorded messages also apply to business mobile numbers. If you are calling a mobile number with an autodialer, TCPA applies regardless of whether the contact is a business person or a consumer.
What is an established business relationship (EBR) under TCPA?
An EBR exists if the consumer made a purchase, inquiry, or application with your business within the past 18 months, or if the consumer made an inquiry within the past 3 months. An EBR allows calling a DNC-registered number, but does NOT override the requirement for express written consent for automated or text messages to mobile numbers.
Is email validation different from TCPA compliance?
Yes — email communications are governed by CAN-SPAM, not TCPA. TCPA specifically covers telephone-based communications: voice calls and SMS/MMS text messages. They require separate compliance processes.
Protect Your Business Before You Dial
DNC check + TCPA litigant flag + line type in every validation. 1,000 free credits to start.
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