TL;DR

• TCPA text messages are subject to the Telephone Consumer Protection Act (TCPA) and generally require prior express written consent before businesses send marketing SMS messages.
• Non-compliant text message campaigns can trigger statutory damages of $500–$1,500 per violation, class action litigation, and FCC enforcement risk.
• TCPA text message opt-in requirements include clear disclosures, documented consent, and notice that consent is not a condition of purchase.
• TCPA text message opt-out requirements require businesses to provide a simple revocation method, such as replying “STOP,” and honor requests promptly.
• Businesses should maintain auditable consent records, follow Do-Not-Call and time-of-day restrictions, and understand when limited TCPA exemptions apply to informational, healthcare, and emergency messages.

Text message or SMS marketing is a powerful way for businesses to engage with their audience and drive conversions. However, navigating the Telephone Consumer Protection Act (TCPA) is essential for maintaining legal compliance and avoiding hefty fines. This guide will cover everything you need to know about TCPA text messages, including compliance rules, key requirements, and how tools like TrustedForm can simplify the process.

Does TCPA apply to text messages?

Yes, the TCPA applies to text messages. Initially enacted in 1991 to regulate telemarketing calls, the TCPA also governs SMS messages, particularly those sent for marketing purposes. Any business using SMS for marketing must adhere to stringent TCPA requirements, including obtaining prior express written consent from recipients.

Failing to comply can result in severe penalties, ranging from $500 to $1,500 per violation, as well as potential class-action lawsuits. Thus, understanding and following TCPA rules is non-negotiable for businesses engaging in SMS marketing.

What are TCPA text message rules?

TCPA text message compliance refers to the adherence to the specific guidelines for sending SMS communications to consumers. These regulations are designed to protect consumers from receiving unwanted or unsolicited marketing messages while ensuring businesses operate transparently and responsibly.

Compliance requires businesses to follow specific legal protocols, primarily focusing on obtaining explicit consent from consumers and providing clear mechanisms for them to opt out of future communications. TCPA compliance is critical for maintaining consumer trust and avoiding legal risks. By following the rules, businesses can:

• Demonstrate respect for consumer privacy and preferences.
• Avoid significant financial and reputational damage caused by non-compliance lawsuits.
• Build stronger relationships with their audience by fostering transparency and accountability.

Core TCPA requirements for text messages

Navigating the TCPA text message complexities is essential for businesses that use SMS marketing to engage their audience. Compliance not only protects your organization from legal risks and costly penalties but also demonstrates respect for consumer rights and privacy. 

To achieve compliance, businesses must focus on addressing a few core requirements that serve as the foundation for legal and responsible SMS communications. These principles guide how businesses obtain consent, communicate transparently, and manage ongoing interactions with consumers. Here’s what you need to know to meet TCPA consent standards and safeguard your marketing efforts.

1. Clear disclosures

Transparency is critical in TCPA compliance. Before obtaining consent, businesses must provide clear and conspicuous disclosures that inform recipients about:

• Explicitly stating that the recipient agrees to receive automated marketing messages from a specifically stated company.
• The type of messages they will receive (e.g., promotional, transactional, or informational).
• Potential charges, such as message and data rates, may apply.
• A stated option to revoke consent at any time.

2. Obtaining prior express written consent

Before sending any SMS marketing messages, businesses must secure prior express written consent from the consumer.  Be careful if using simple “call to action” messages to get campaign sign-ups, such as signs or ads saying ‘Text “SAVE” to 54321…’.  There have been numerous TCPA lawsuits asserting that just sending a response word as identified in a campaign is not full consent to receive marketing or promotional messages.  Consider this  when looking to present compliant consent language:

• Consent should be presented and collected in a way that is clear and unambiguous, such as through a web form or robust text-to-join program instructions and responses that identify agreement to receive messages.
• Making it clear that consent is not a condition for purchasing goods or services.
• Specifying the phone number and the types of messages the recipient will receive.

3. Providing clear opt-out mechanisms

TCPA regulations mandate that businesses offer recipients an easy and straightforward way to opt out of receiving future messages. Every message must include a simple opt-out option, such as replying with “STOP.” Businesses must process opt-out requests within 10 business days and cannot send promotional messages after receiving an opt-out request. 

This includes:

• Clear instructions on how to stop receiving messages (e.g., replying “STOP” or any other reasonable words that indicate revocation of consent to future messages).
• Processing opt-out requests promptly.
• Avoiding additional promotional messages after an opt-out request has been made. Businesses may send a final confirmation message acknowledging the opt-out, but it must not include any promotional content.

4. Record keeping requirements

Robust record-keeping is an essential component of TCPA compliance. Maintaining detailed and accurate records of consent is your strongest defense in the event of a TCPA complaint or legal dispute. These records not only demonstrate your compliance but also help build trust with your audience by showing your commitment to ethical communication practices.

What businesses must track:

• When and how consent was obtained: Record the exact date and time consent was provided, along with the method used to collect it (e.g., web form, SMS opt-in, or paper form).
• Exact language of the consent agreement: Preserve the specific language presented to the consumer during the consent process to show that it aligns with TCPA requirements. This includes disclosures about the nature of messages, potential charges, and the opt-out process.
• Contact details of the recipient: Maintain accurate records of the recipient’s contact information, including their phone number, to ensure messages are only sent to those who have provided consent.

Using tools like TrustedForm can automate this process by securely documenting and storing proof of consent, minimizing the risk of human error and bolstering compliance.

5. Additional requirements

Comply with time-of-day restrictions

• The TCPA prohibits sending text messages outside of “quiet hours,” defined as before 8 am and after 9 pm in the recipient’s time zone.
• Many states enforce even stricter time-of-day restrictions. Research state-specific rules to avoid unintentional violations.
• For nationwide campaigns, adjust for time zone differences. A text sent at 9 am Eastern Time may still fall within quiet hours for recipients on the West Coast.

Scrub against Do-Not-Call (DNC) lists

• Federal DNC compliance: The National DNC Registry protects consumers from unsolicited communications. Scrub your contact list against this registry regularly to maintain compliance.
• State DNC registries: Some states maintain their own registries, which may include additional restrictions or requirements beyond the federal list. Cross-reference these lists for added compliance.
• Reassigned Number Database (RND):  It is common for consumers to change phone numbers when they get a new phone or service.  Establish a process to scrub phone numbers against the RND service before making any calls or sending text messages to numbers that may have been reassigned to a new owner. The RND is a national database service that contains information about recently changed phone number owners and permanently disconnected phone numbers.  By regularly checking the RND, businesses can determine whether a number has been reassigned since the last time they obtained consent from the consumer

Consult your compliance team

• Expert review: Before launching any text message campaign, involve your legal or compliance team to verify adherence to TCPA requirements.
• Policy updates: Compliance rules can change. Regularly consult with your team to stay updated on the latest regulations and keep your campaigns aligned with both federal and state laws.
• Thorough documentation: Keep detailed records of your compliance processes, including scrubbing practices, time-zone adjustments, and campaign reviews.

By observing these requirements, you’ll not only avoid penalties but also build trust and credibility with your audience. Always prioritize compliance to maintain positive engagement and safeguard your organization.

TCPA text message exemptions

Certain categories of messages qualify for TCPA exemptions, allowing them to be sent with less formal consent — as long as strict requirements are met.

Below are the primary TCPA text message exemptions:

1. Informational texts (non-marketing)

These messages do not promote or advertise anything:

• Appointment reminders
• Delivery notifications
• Account updates
• Password resets
• Transactional notifications
• School or government alerts
  

Required consent: Prior express consent.

2. Emergency purposes (full exemption)

Messages sent for “health or safety emergencies” are fully exempt. Examples:

• Severe weather alerts
• Public safety warnings
• School lockdown notifications
• Medical or COVID-19-related emergencies
  

Required consent: None.

3. Healthcare messages under HIPAA

HIPAA-regulated entities may send certain health-related texts without written consent:

• Appointment confirmations
• Prescription notifications
• Pre-op instructions
• Lab result notifications
  

Required consent: Prior express consent.

4. Purely non-commercial texts

Messages without any commercial intent may fall outside marketing rules:

• Political messages
• Nonprofit or charity outreach
• Surveys
• Advocacy communications
  

Required consent:

• Often treated as informational: Prior express consent
• Some political messages may have additional nuances depending on state rules

Important compliance note

If you believe your message might qualify for a TCPA exemption — or if you’re considering changing message content, workflows, or campaign structure to fit an exemption — seek legal counsel or a TCPA compliance expert.

They can confirm whether:

• The message truly meets the exemption criteria
• Additional language or disclosures are needed
• Your consent collection method is defensible
• Your documentation creates a strong compliance record
  

Exemptions are nuanced, and professional guidance is essential to establish a defensible compliance position.

How to manage TCPA for informational text messages and marketing text messages

Managing TCPA informational text messages and marketing text messages requires a clear understanding of the law’s requirements and consent rules. Here’s a detailed breakdown to help you navigate both types:

1. Understand the difference between informational vs. marketing texts

Informational texts

• These are messages that provide useful information from the product or service that the consumer has acknowledged or agreed to receive.
• Informational text message campaigns should not include any promotional or marketing message content.
• Examples: appointment reminders, shipping updates, account notifications, or service alerts.
• Consent required: Prior express consent (PEC) or invitation (not necessarily written). PEC to receive information text messages is a lower standard of consent. An example is a consumer knowingly providing their number to receive informational texts from a service by filling out a form.
• PEC or invitation could be provided orally by the consumer or by sharing a business card, but this is harder to document and retain evidence of an agreement or consent to receive these messages.

Marketing texts

• These include any message that promotes or advertises a product or service.
• Examples: discount offers, product announcements, and upsell campaigns.
• Consent required: Prior express written consent (PEWC), which is a higher standard of TCPA consent (can be electronic, like a selection action on a checkbox form). 
• Must clearly state the user agrees to receive marketing messages.
• Consent language and webform design presenting a sign-up or opt-in to receive marketing messages require the presentation of specific items in a webform, many of which are detailed below.
• It is recommended to consult with your legal and compliance function early for any marketing campaigns around SMS messages to allow review and approval of the notice or sign-up language, webform design, opt-in language, font size, “agree” button language and location.

2. Obtain and document consent

• For informational: A consumer giving their number in the context of a transaction (e.g., booking an appointment or placing an order) usually qualifies.
• For marketing: You must provide a clear, conspicuous notice disclosure that:
  • They’ll receive marketing texts.
  • Consent is not a condition of purchase.
  • Message frequency, data rates, and privacy terms are clear.
  • You collect a timestamped, documented version of their opt-in.

3. Include required opt-out language

Every message – especially marketing ones – must include a simple way to opt out.
Examples:

• “Reply STOP to unsubscribe”
• “Text STOP to opt out”
  

Even if it’s an informational message, include opt-out language if there’s any chance the recipient might interpret it as promotional.

4. Maintain opt-out and consent logs

• Keep detailed logs of when, how, and from where consent was given.
• Promptly honor opt-outs – systems must suppress opted-out numbers from all future sends. Process opt-outs as soon as possible or within 10 business days, as required by the TCPA.  
• Regularly audit your SMS campaigns and database for compliance.

5. Stay updated & use a reputable messaging provider

• TCPA rules evolve with technology and court rulings.
• Partner with a provider that offers:
  • TCPA-compliant tools
  • Dynamic opt-out handling
  • Consent capture solutions
  • Carrier compliance monitoring (e.g., for “Spam Likely” flags)

TCPA text message consent language examples

Here are several TCPA text message consent language examples, tailored for different scenarios.

These are examples only. Use of this example language by itself in a campaign is not enough to present TCPA compliant consent. Seek review by your legal and compliance functions covering your whole marketing campaign for their advice on the best TCPA consent language to present to the consumer.

Standard marketing consent (online form)

“By checking this box, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., cart reminders) from [Your Company] at the mobile number provided. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Reply HELP for help, STOP to cancel. View our Privacy Policy.”

Short version for in-store or one-on-one use

“By signing up, you agree to receive automated marketing texts from [Your Company]. Consent not required for purchase. Msg & data rates may apply. Reply STOP to opt out.”

Double opt-in confirmation message

“You’re almost done! Reply YES to confirm you want to receive marketing texts from [Your Company]. Msg & data rates may apply. Reply STOP to cancel.”

Informational only (e.g., appointment reminders)

“By providing your number, you consent to receive automated service-related messages (e.g., appointment reminders) from [Your Company]. Msg & data rates may apply. Reply STOP to opt out.”

Educational consent for lead forms (long form)

“By submitting this form, I consent to receive autodialed and prerecorded calls, text messages, and emails from [Your Company] and its partners related to my inquiry. Consent is not a condition of any purchase. Msg & data rates may apply. You may unsubscribe at any time.”

If you’re sourcing leads from third parties, you’ll want to capture and store a detailed audit trail of this consent, including IP address, timestamp, and a screenshot of the consent language presented at the time of submission – tools like TrustedForm can help automate that.

How TrustedForm bolsters compliance with TCPA text messages

Managing TCPA compliance can be complex, but TrustedForm offers a streamlined solution. This tool provides independent proof of consent, helping businesses mitigate legal risks and confidently run SMS campaigns.

Key features of TrustedForm:

• Consent documentation and storage: Record and retain consent details, including the time, date, and method of collection.
• Automation: Reduces manual processes by automating the approval or rejection of consent language variations at the time of acquisition.

By integrating TrustedForm into your lead generation and SMS campaigns, you can simplify compliance, reduce risk, and focus on delivering impactful marketing messages. With the TCPA enforcement only increasing–litigation surged by 95% in 2025 alone–guardrails like TrustedForm are essential.

FAQs

1. Is a text message considered TCPA regulations?

Yes. The TCPA applies to text messages, including SMS and MMS messages. Businesses that send marketing texts must comply with TCPA requirements, including obtaining the appropriate consent and providing a clear opt-out method.

2. What are TCPA text message opt-in requirements?

For marketing text messages, businesses generally must obtain prior express written consent (PEWC) before sending messages. Consent disclosures should clearly explain the types of messages consumers will receive, state that consent is not a condition of purchase, and describe how recipients can opt out.

3. What are TCPA text message opt-out requirements?

Businesses must provide a simple way for consumers to stop receiving messages, such as replying STOP. Opt-out requests must be honored promptly, and no additional promotional messages may be sent after consent has been revoked.

Final thoughts

TCPA lawsuits have risen nearly 27% to start 2026 compared to 2025. Staying TCPA-compliant is essential for running effective and ethical SMS marketing campaigns. By following TCPA rules—securing prior express written consent (PEWC), providing clear disclosures, and honoring opt-out requests—you can protect your business from legal risks and build consumer trust.

Investing in compliance today can keep your SMS marketing efforts both effective tomorrow and beyond. Tools like TrustedForm can simplify compliance by providing robust consent management and documentation capabilities. To learn more about how TrustedForm can help you navigate TCPA text message regulations, discover TrustedForm now.

The post TCPA text messages: Rules and regulations guide for 2026 appeared first on ActiveProspect.

The TCPA (Telephone Consumer Protection Act) regulations are constantly evolving to keep up with the ever-changing paradigms of online marketing and online consumer habits. As a marketer, it’s important for you to stay up-to-date and alert because you need to know how these changes are going to impact your business, for better or for worse.

We’ve had the pleasure of attending conference presentations with Eric J. Troutman from the Troutman Amin Firm and TCPAWorld.com, one of the best-known lawyers in the U.S. telecom legal space, and in this article, we will go over the new TCPA rules and regulations to see what’s changing and how to be prepared for it.

TCPA rules: A general overview

If you’re not familiar with the TCPA, here is a high-level definition to help you understand what it is. In Eric Troutman’s own words: “The TCPA is part of the federal response to the robocall epidemic. It’s the statute that prevents the use of certain regulated technology to make calls to cell phones and landlines without certain levels of consent – that are use-case specific – and prevents unsolicited marketing calls to phone numbers that are residential lines on the national DNC (Do Not Call) list.”

Violating the TCPA can result in a penalty ranging from $500 to $1,500 per violation. The TCPA includes a four-year statute of limitations, meaning that every call that is made by a company can be used to initiate legal proceedings up to four years after it was made. Also, class actions are enabled, which means that one call could result in a class action involving millions of different consumers who received similar calls. And millions of consumers involved equal millions of dollars in fines.

To learn more about the TCPA and why it’s so important to comply with it (for everyone, but especially for lead vendors) to comply with it, read this article: Why obtaining TrustedForm certificates is vital to keep your lead-selling business running smoothly.

New TCPA rules in 2025

The FCC’s 2025 updates to the TCPA put the spotlight squarely on how businesses handle revocation of consent. While the anticipated 1:1 consent rule was officially scrapped, the new revocation rules are far from a soft landing; they bring real, enforceable change that businesses can’t afford to ignore.

What’s changed in 2025

1. Opt-outs can come from anywhere

As of April 11, 2025, consumers can revoke consent to be contacted (via phone/text) by any reasonable means. That doesn’t just mean replying “STOP.” It potentially includes revocation by:

• Text messages
• Emails
• Phone calls and voicemails
• Saying “don’t contact me” in conversation
• Even informal messages via social media

If the message is clear, it counts. The burden is now on you to prove otherwise.

2. You’ve got 10 business days to comply

The old 30-day buffer is gone. You now have 10 business days to remove a consumer from your contact list (phone, text) after they revoke consent. Any delay risks being labeled non-compliant and may trigger a DNC complaint or legal inquiry.

3. Confirmation messages are allowed—With limits

You’re permitted to send one confirmation message after a text message opt-out request. But it must:

• Be sent within five minutes
• Contains no marketing content
• Be purely informational (e.g., “You’ve been unsubscribed”)
• Scope clarification is allowed. A business may use this one-time message to clarify the scope of the opt-out request. For example, if a consumer had previously consented to receive both marketing and informational messages from a business, the confirmation message could ask if they wish to opt out of just the marketing messages or all communications. 

However if the consumer doesn’t respond, the business must assume that the opt-out revocation request applies to all future texts and calls. 

4. Broader opt-out scope is likely coming next

A key provision was delayed until April 11, 2026 related to application of universal revocation opt-out could be applied across channels for different types of messages. In this a consumer’s revocation of consent to receive one type of message or call could be applied to all future calls and texts from that sender, regardless of the subject matter or specific business unit.

For example, if a consumer receives a marketing text from a bank’s promotions department and replies “STOP,” this universal opt-out could require the bank to cease all other automated communications to that phone number, including things like:

• Fraud alerts
• Account balance notifications
• Appointment reminders

Take this time to prepare because if implemented, the new rule will raise the stakes for sloppy list hygiene practices for messages classified as informational/transactional or sales/marketing / promotional.

These changes underscore the importance of a consumer-centric approach in telemarketing and SMS outreach, with robust systems to manage consent efficiently.

Best practices for 2026

As we approach 2026, significant TCPA rule changes can never be expected to slow down for the lead generation industry. The new rules place a heavier emphasis on consent management and revocation practices. 

To stay compliant and maintain consumer trust, businesses need to align their strategies with these new regulations. Here are some best practices that companies can implement to prepare effectively for these updates.

1. Create flexible opt-out systems

As of April 11, 2025, consumers can revoke their consent in any reasonable manner, not just by texting standard keywords like “STOP.” This means businesses will need to be agile and responsive in recognizing and processing various opt-out messages, whether through text, email, or even social media. Key preparations include:

• Diversify opt-out channels: Enable consumers to opt out through multiple methods, including SMS, email, or chat, and ensure that staff is trained to recognize these requests.
• Automate non-standard responses: Implement AI-driven customer service tools that can detect different expressions of consent revocation (e.g., “I don’t want to receive messages” or “please stop contacting me”) and automatically process them as valid opt-out requests.
• Test and refine opt-out processes: Regularly audit and test opt-out mechanisms to confirm they are functioning across all platforms and message types.

2. Adopt a 10-day compliance window for opt-outs and Do-Not-Call requests

The FCC requires businesses to honor DNC and opt-out requests as soon as possible, but within 10 business days, significantly speeding up the time allowed for compliance. Failing to meet this window could result in regulatory penalties, so establishing a prompt and reliable process is essential:

• Automate list management: Use software that automatically updates contact lists to exclude numbers as soon as an opt-out or DNC request is received.
• Set alerts and reminders: For manually handled requests, be sure to provide teams have reminders and alerts to remove numbers from contact lists within the 10-day window.
• Maintain a centralized DNC database: Keep all DNC requests in a centralized, secure system to prevent any oversights and streamline audits.

3. Utilize one-time opt-out confirmations effectively

The TCPA rule changes permit businesses to send a one-time confirmation SMS to acknowledge an opt-out request. This message must be sent within five minutes of the opt-out and must contain no promotional material. Done right, this confirmation can reassure customers that their preferences have been respected:

• Standardize confirmation messages: Pre-write compliant, non-promotional templates for opt-out confirmation messages, ensuring they are concise and purely informational.
• Automate timing controls: Maintain that confirmation messages are sent within the five-minute window through automation software, avoiding delays that could lead to non-compliance.
• Educate staff on limitations: Train employees handling these messages to avoid any additional content beyond the basic confirmation, thus reducing the risk of accidental non-compliance.

By proactively adopting these best practices, businesses can not only remain compliant but also build stronger consumer relationships through transparent communication, timely opt-out processing, and respect for consumer preferences. Preparing ahead of these deadlines will ensure a smoother transition and set a high standard for consumer experience in 2026 and beyond.

TCPA rule changes: What changes in the regulations

Considering his great knowledge of the matter and hands-on experience, we asked Eric J. Troutman to share with us insights regarding the TCPA rule changes and regulations.

Understand limitations for non-marketing calls to landlines

There is a limitation with regard to non-marketing pre-recorded calls made to a landline.

Prior to December 2020, these calls were all categorically exempt from the TCPA, while following December 2020, the FCC issued a ruling that only three such calls can be made per month without consent, and this rule became effective July 20, 2023.

Under this TCPA rule, in order to be exempt from the TCPA’s consent requirements, callers would be limited to three prerecorded non-commercial, non-telemarketing, or non-profit calls per 30 days, or three calls per week (one per day) for healthcare-related calls, and would need to include an opportunity to opt out of prerecorded calls as part of the message.

The definition of ATDS is narrowing down

Following the 2021 Facebook v. Duguid ruling, the FCC is ruling that avatar technology constitutes a pre-recorded call, thus narrowing down the definition of Automatic Telephone Dialing System (ATDS).

As reported by Eric J. Troutman, the TCPA defines an ATDS as a system that uses a random or sequential number generator (ROSNG) to either store or produce telephone numbers to dial. This includes randomly dialing, dialing from a list of numbers that are being selected using a randomizer, and dialing from a list of numbers where the sequence is being determined by a randomizer.

However, despite this new paradigm, courts continue to struggle with the definition of ATDS. Currently, there is a split of authority between:

• The prevailing majority view, according to which you have to be randomly creating phone numbers to consider your system an ATDS;
• And the minority view, where even systems that have the capacity to dial automatically from a list using a randomizer can still be considered an ATDS.

It is important to make sure you get qualified legal review and opinion if your dialing software or hardware uses a random or sequential number generator (ROSNG).

TCPA state rules are proliferating

Every state in the U.S. already has some form of anti-telemarketing rules in place. However, most were watered down and ignored.

Following the Facebook ruling, things started to change. Florida was the first state to amend its current telemarketing statute, making it a very powerful one (referred to as the “Mini-TCPA”), which prevents calls using an autodialer, to both cellphones and landlines. The definition of “autodialer” in Florida, however, is extremely broad, covering any system that either randomly dials or selects a number to be dialed, which basically could include any workflow tool, making Florida a very tricky state to make telemarketing calls in.

Here are a few examples to show how some states are individually approaching TCPA rules and regulations:

• Oklahoma adopted the Florida Telephone Solicitation Act (FTSA) and made its own Telephone Solicitation Act (OTSA).
• The state of New York adopted a different set of statutes that look at the content of a call and require marketers to provide consumers an opt-out opportunity within three seconds from the beginning of the call, regardless of whether or not they have consent.
• Michigan has a bill that’s being considered (but hasn’t passed yet) that is a completely different paradigm of protection. The proposed bill – in addition to similar limitations on outbound calls and the creation of its own DNC list – provides limitations to calls made to the elderly and vulnerable communities.
• In Washington and California, additional restrictions prevent marketers from sending unsolicited text messages, regardless of the technology used to send the messages.
• Maryland just proposed a new bill that would adopt a Florida-style prohibition on autodialer usage.
• Virginia has an enhanced DNC provision.
• Texas has amended its mini TCPA.

The above shows you a glimpse of how much is going on at the state level, where every state has its own set of “TCPA” rules that are becoming more and more restrictive and likely to be enforced in lawsuits.

Now, let’s deep dive into the TCPA rules that are in place for each marketing medium

TCPA rules for pre-recorded calls

Pre-recorded calls or artificial voice calls or robocalls are the most highly regulated by the TCPA. At the federal level, marketers cannot make a pre-recorded call or send an artificial voice message to any cell phone without express written consent for marketing purposes, and regular express consent for informational purposes.

Moreover, they cannot make pre-recorded calls or send artificial voice messages to landlines for marketing purposes without express written consent, but they can make unlimited pre-recorded calls for informational purposes with regular express consent. Or, as we’ve explained before, they can make up to three non-telemarketing calls via pre-recorded voice calls to a landline per month. After that, they need to have express written consent.

But what is the difference between express written consent and regular express consent? Also, what is the difference between a telemarketing and an informational call? Let’s deep dive into that.

Express written consent vs. regular express consent

As explained by Eric J. Troutman, express written consent is defined by the FCC and needs to comply with nine requirements in the disclosure. It’s a written agreement between the caller and the receiver of the call that clearly authorizes the caller to deliver “advertisements or telemarketing messages using an automatic telephone dialing system (ATDS) or an artificial pre-recorded voice.”

This type of consent must be conspicuously disclosed and separately signed. Here is an example of how express written consent should look.

Source: TCPA World 

On the other hand, regular express consent is not as specifically regulated or defined, and it usually consists of fine print inside the terms of conditions. Regular express consent can also be presumed.

For example, if you give your phone number to your bank, your bank has presumed express consent that it can contact you for informational purposes consistent with the reason you provided the number. For instance, they’re allowed to send you automated text messages about your bank account if you provide your phone number.

Telemarketing vs informational calls

The definition of telemarketing or telephone solicitation is “introducing a good or a service to the consumer for sale or for rent.” So, technically, everything else may be considered an informational call.

However, there are many instances where the dividing line between the two is not so clear. The classic example of a mortgage company calling to communicate that rates have dropped. On a surface level, it sounds informational, but the core purpose of the call is to get the consumer to call back to schedule a refinancing. So, is it really informational?

What appears to be informational calls can be considered telemarketing calls, depending on the intent with which they are made.

TCPA autodialer and manual calls rules

If you are dialing using an ATDS, then you have to have express written consent for telemarketing calls, and regular express consent for informational calls.

If you are calling without an ATDS, at the federal level, you do not need any type of consent for informational calls that are made manually, but you still need to have express written consent for a manual marketing call to a number on the national DNC list.

Again, It is important to make sure you get qualified legal review and opinion if your dialing software or hardware could be considered an ATDS and/or uses a random or sequential number generator (ROSNG).

If the phone number is not on the national DNC list, then you are free to call that number – as long as you’re not using an ATDS – even for marketing purposes.

TCPA text message rules

TCPA texting rules are generally the same as those that apply to calls and voice channels. At a federal level, text messages are treated as calls for regulated technology purposes, so if you are using an ATDS, then you have to have express written consent to send marketing texts, and regular express consent to send informational texts.

If you are not using an ATDS and are sending a text manually, you do not need prior express written consent, but you must ensure the number is not on the national DNC list. If the number is on the national DNC list and you’re sending a text for marketing purposes, then you probably need to have prior express written consent. 

And we say “probably” because, as Eric J. Troutman explains, the FCC also issued a new NPRM that suggests that text messages shouldn’t be subject to DNC protection. However, this is still an open issue.

TCPA email rules

Email marketing is still pretty wide open. The CAN-SPAM Act, a law that sets the rules for commercial email, is not very well enforced. However, the most important thing when it comes to TCPA email rules is to be honest.

For instance, you can’t say the email is coming from ActiveProspect if it’s in fact coming from The Troutman Amin Firm. So, as long as you’re honest in your email campaign, and you’re not hiding who it’s really coming from, the only thing you’re required to have is an “unsubscribe” button at the bottom of your emails.

Essentially, at a federal level, you are always free to send emails, even without consent, as long as you enable an opt-out, making emails the safest way to run marketing campaigns.

At a state level, however, there are laws that apply to emails that are more robust. California, for instance, has its own law that aggressively punishes lying and cheating in the body of an email.

What are FTC TCPA rules?

There are no standalone “FTC TCPA rules.” Instead:

• The Telephone Consumer Protection Act (TCPA) is a federal law
• The Federal Communications Commission (FCC) writes and interprets the TCPA’s rules
• The Federal Trade Commission (FTC) enforces overlapping consumer protection rules that work alongside the TCPA
  

When people say “FTC TCPA rules,” they usually mean FTC regulations and enforcement actions that affect telemarketing, robocalls, texts, and consent—often in parallel with TCPA requirements.

Who does what?

The FCC (TCPA rulemaker):

• Interprets the TCPA
• Issues binding TCPA regulations
• Defines consent, revocation, dialing technology rules, etc.
  

The FTC (enforcer and consumer protection authority):

• Enforces telemarketing, advertising, privacy, and deception laws
• Oversees rules that overlap with TCPA activity
• Brings collaborative enforcement actions against abusive calling and texting practices

Check out this blog post for an in-depth comparison of the FCC and FTC.

Key FTC rules that impact TCPA-regulated activity

1. Telemarketing Sales Rule (TSR)

The Telemarketing Sales Rule (TSR) is the FTC’s primary rule governing telemarketing. It applies to:

• Outbound sales calls
• Robocalls and prerecorded messages
• Some text-message marketing
• Lead generators and sellers (in many cases)
  

Key TSR requirements that overlap with TCPA:

• Honor Do Not Call requests
• Maintain internal DNC lists
• Avoid deceptive practices
• Provide clear disclosures
• Obtain appropriate consent for robocalls
• Prohibit abusive calling practices
  

Violations can result in:

• Enforcement actions
• Civil penalties
• Injunctions
• Restitution
• Permanent bans from telemarketing

2. FTC enforcement of robocall & text fraud

The FTC aggressively targets:

• Robocall scams defrauding consumers or vulnerable populations (elderly)
• Lead generation fraud
• Consent misrepresentation
• Fake or deceptive opt-ins
• Data misuse tied to calls or texts
  

Even if a business believes it complies with TCPA consent rules, the FTC can still take action if:

• Consent was misleading
• Lead sources were deceptive
• Consumers were confused about how their data would be used

3. Unfair or deceptive acts or practices (UDAP)

Under Section 5 of the FTC Act, the FTC can prosecute:

• Misleading consent language
• Hidden disclosures
• Shady lead generation practices
• Data misuse tied to marketing outreach
  

This is critical because:

• TCPA compliance alone does not protect against FTC enforcement
• The FTC evaluates how consent was obtained, not just whether it exists

Why this matters for businesses

A company can:

• Be TCPA-compliant
• Still face FTC enforcement
  

Common risk scenarios:

• Consent technically exists but disclosures were misleading
• Leads were generated by bots or fraud
• Consumers didn’t understand who would contact them
• Revocation requests weren’t honored clearly
  

This is why documentation, transparency, and lead integrity matter—not just checkbox compliance.

Simple summary

• The FCC interprets the original Congress drafted TCPA and new rule updates 
• The FTC enforces related consumer protection laws
• “FTC TCPA rules” usually means FTC enforcement of telemarketing, robocall, text, and consent practices
• Businesses must comply with both TCPA and FTC standards
• FTC risk often focuses on deception, fraud, and misuse of consent

Implement a solution that allows you to comply with the TCPA rules

Proving consent to contact was obtained can be a tricky matter without the right solution in place. Whether you’re generating leads (for your own use or to sell) or purchasing them from third parties, TrustedForm offers a simple way to provide independent documentation of consent to contact transactions occurring on websites and social media lead ads, allowing you to mitigate the risk of incurring TCPA litigation.

Issue TrustedForm Certificates for every lead you generate

If you’re selling leads, TrustedForm Certify allows you to document exactly when and where consent was obtained online, providing evidence for each lead you generate quickly and reliably.

You can capture and document important lead transaction details for every potential lead by simply adding the TrustedForm JavaScript code to your web forms. 

Retain the certificates so you can access them when you need it

TrustedForm Retain helps you comply with TCPA rules by letting you access and store proof of consent for up to five years, in case you need it to defend yourself against litigation.

Final thoughts

The TCPA rules are constantly evolving, forcing marketers to find new ways to keep their businesses going, while maintaining TCPA compliance. Thanks to Eric J. Troutman of the Troutman Amin Firm and TCPAWorld.com – who is always ready to share his knowledge and the latest TCPA news – and ActiveProspect – which provides the best solution for consent-based marketing – adapting to the new TCPA rules and regulations becomes a little easier.

The post TCPA rules: What is changing and how to adapt to the new regulations appeared first on ActiveProspect.

You have a product or service you can’t wait to share with potential customers, and you’re ready to market it. Before you start sending out emails or text messages (SMS) or making phone calls, sit down with your legal team and make sure you have considered every marketing law and regulation. One important best practice is checking off the items on your TCPA compliance checklist. 

The Telephone Consumer Protection Act (TCPA) was established in the United States in 1991 and aims to protect consumers from receiving telephone solicitations from businesses without consumers’ consent. Because of concerns with data privacy and data protection, the rules and regulations change constantly; if you aren’t careful, you could face expensive lawsuits or fines if a consumer claims they did not give consent to be contacted. The last thing you want is for a lead to sue your company.

What is TCPA compliance?

TCPA compliance refers to adhering to the Telephone Consumer Protection Act, a crucial regulation designed to protect consumers from unsolicited calls, texts, and faxes. Businesses must obtain explicit consumer consent before initiating telemarketing communications, maintain do-not-call lists, and honor time restrictions on calls to avoid hefty penalties. 

Compliance is not only a legal requirement but also a best practice to foster trust and maintain a positive reputation among consumers. Adhering to TCPA guidelines helps mitigate legal risks and enhances customer relations, making it a fundamental aspect of responsible business operations.

TCPA compliance guide: What’s on the TCPA consent compliance checklist?

By using a TCPA consent compliance checklist as a TCPA compliance guide, you can use more technologies that adhere to TCPA marketing laws and TCPA SMS compliance to make your marketing operations more efficient and cost-effective. 

TCPA checklist

• Obtain and store prior express written consent
• Use clear disclosure language
• Opt-in follow-up requirements
• Include an opt-out option
• Only contact during approved hours
• Scrub against the national DNC (Do-Not-Call) and RND (Reassigned Numbers Database) lists.
• SMS protections

Maintain that you are properly capturing and storing proof of consent

• Provide proof that the consumer gave consent by checking the box or completing the form.
• Provide a visual record of the TCPA disclosure language the consumer viewed with a session replay solution that makes it easy to identify consent language and the consumer’s action of providing their consent (i.e., entering requested information, checking the consent box, and pressing the “Submit” button).
• Documentation should be collected and stored by a reliable, independent third party so that it can’t be manipulated.
• Documentation should be easily accessible and shareable.
• Perform periodic audits (spot checks) of your consent documentation to confirm that your protection is reliable.
• If buying leads from partners, make sure your document of consent matches the lead you purchased.
• If buying leads from partners, verify consent in real time before you call or text the lead. 

Learn more about the importance of TCPA consent.

Use clear, concise, and informative disclosure language 

• The disclosure language (i.e., the terms and conditions the customer is agreeing to by submitting the form) is clear and easy to understand (avoid “legalese”).
• The disclosure statement is clearly visible in the immediate vicinity of the opt-in button. 
• The disclosure statement states the identity of the company that will contact the consumer.
• The disclosure statement states that communication may be in the form of an SMS (text) or automatic telephone dialing system (ATDS).
• If you’re using a pre-recorded voice in the call, this is clearly stated in the disclosure.
• The disclosure states that opting in to receiving messages is not a requirement to take advantage of the offer.
• The disclosure states the approximate number of calls and text messages the consumer may receive.
• Work with your privacy, legal, and design teams to determine the most reasonable, balanced way to meet webpage notice and consent language compliance requirements.
• Review any TCPA disclosure statements with your legal department to make sure that the statement follows your company’s legal and compliance requirements.

TCPA opt-in requirements

Once a customer opts in to your messages (either sales/marketing or transactional messages), send a detailed disclosure message. The opt-in confirmation should include:

1. Your business name.
2. The purpose of the messages.
3. How often texts will be sent (daily, weekly, monthly).
4. Notification of possible text and data rates.
5. A link to the full terms and conditions.
6. Directions for getting help if needed.
7. Steps to opt out of future messages.

TCPA opt-out requirements

• Under the TCPA, make sure that your business offers a straightforward opt-out method for messages.
• Implement a ‘STOP’ response feature that allows customers to text ‘STOP’ to halt SMS communications.
• Regularly remind subscribers of the opt-out process by including ‘STOP’ instructions routinely in messages.

Discover the latest requirements of consent revocation now.

TCPA calling hours

• Businesses should not text or call subscribers before 8:00 AM or after 9:00 PM. Be aware that some states have slightly different time allowances and restrictions. Also, be mindful of time zone differences in and across states.  
• Avoid contacting customers outside these hours to prevent complaints and potential issues.

TCPA compliance checklist (SMS)

Under the TCPA case law and FCC interpretations, text messages are considered similar to phone calls. Current compliance best practice is to treat text messages in the same way or under the same scope of requirements as phone call outreach. To stay compliant and avoid costly legal penalties, businesses must follow all TCPA guidelines. A TCPA compliance checklist for texting will help you meet all requirements before sending SMS communications.

Here are the key steps to keep your marketing texting efforts TCPA-compliant:

• Obtain prior express written consent – Before sending any marketing or promotional campaign texts, you must have clear, written consent from the recipient. 
• Provide clear disclosures – Consumers should know what they are opting into, including messaging frequency, possible costs, and opt-out instructions at the point of consent.
• Offer easy opt-out options – The law requires businesses to provide a simple and effective way for consumers to unsubscribe. The most common method is allowing users to reply with “STOP” to end communications. Opt-out requests must be honored promptly and must comply with the latest revocation requirements that were updated in April 2025.
• Respect timing and frequency limits – when using text recruiting software, avoid excessive messaging and only send texts during TCPA-approved hours to respect consumer privacy.
• Keep accurate records – Document consent, message logs, and opt-out requests to bolster compliance.

TCPA trends for 2025

TCPA compliance in 2025 has become increasingly more fragmented as new state-level consumer protection laws introduce variations that go beyond the federal TCPA. While federal rules remain the foundation, states like Florida, Oklahoma, Texas, and Maryland have passed their own mini-TCPA laws with stricter consent requirements, broader definitions of autodialers, and enhanced penalties. This trend is expected to continue, making it essential for businesses to monitor both federal and state-specific telemarketing and TCPA related laws to maintain full compliance.

At the same time, regulators and litigators are placing increased scrutiny on the evolution and implementation of how AI is covered under the TCPA. As more companies adopt artificial intelligence and automated systems for lead generation, dialing, and message personalization, the legal focus is shifting toward how these technologies impact consumer consent, disclosure, and compliance. 
Staying ahead on TCPA compliance trends means designing systems that are not only scalable and automated but also built to meet rising legal expectations around emerging technologies.

What happens if you violate TCPA regulations?

Your company could face up to a $1,500 fine per call or text message. 

Not all lawsuits are large class-action ones; individuals file smaller lawsuits as well. The ones who file the most lawsuits are known as “serial litigators.” They claim TCPA violations and usually settle out of court for amounts ranging from $10,000 to $250,000. 

What is the best way to comply with the TCPA?

Many marketers think obtaining consent is too complicated, so they follow ineffective strategies, such as mixing transactional-alert message campaigns with marketing campaigns, or avoiding the use of SMS technologies or pre-recorded messages; however, these methods waste a lot of time and money, plus, they open companies up to the risk of legal issues.

The best way to comply is to only reach out to opt-in leads who have given their consent to be contacted–and make sure you have documented that consent. 

Prior express written consent: Why do I need it?

The best proof of consent a business can have is prior express written consent. “Written” means language can be hardcopy or electronic. “Consent” is the acknowledgment of the language by an opt-in action from the consumer (i.e., checking a checkbox) near their contact info and/or the submit button on a web page form. Be careful with the use of pre-checked checkboxes on web forms as, depending on design, they may not always meet the opt-in or “express” consent action requirements. This is a written agreement, acknowledged by the consumer, to receive a phone call or text message from your company; this agreement includes a clear and obvious disclosure that permits your business to send marketing communications. Save a record of this consent to contact for a period of 2 to 5 years in case there is an inquiry or legal action.

Prior express written consent can also supersede the national DNC list, but scrubbing against it, as well as the RND (which reduces the risk of calling an old mobile number with a new owner), is still recommended. The biggest benefit? Contacting people who want to be contacted, which ultimately improves your conversion rates. 

What can you do to protect your business from TCPA consent litigation?

Some litigators hope you’re not going to have compliant, documented written consent, and if they bring a lawsuit and you may consider a settlement as a less expensive alternative. If you want to avoid paying hefty settlements or lawsuit expenses, you need to properly present and collect consent, document consent transactions, and be able to quickly access the documentation for proactive compliance or legal defense.

TrustedForm is a lead certification product that documents the consent for each individual webform lead or social lead ad. When our Web SDK (also known as a web script) is placed on a web form, ActiveProspect is able to independently document where and when consumers provided their information and consent to contact using a web form by capturing the events and providing an instant session replay showing the consumers’ exact actions.

With TrustedForm, you can verify, document, and archive the consent transaction for compliance with data regulations like TCPA; verify you are receiving authentic leads from interested consumers; and verify your brand is being properly represented on approved sites.

Our TrustedForm certificates provide unbiased third-party documentation of consent. This proof of consent can protect you in the event of litigation while giving you new confidence that your leads have actually asked you to contact them.

DISCLAIMER: This page and all related links are provided for general informational and educational purposes only and are not legal advice. ActiveProspect does not warrant or guarantee this information will provide you with legal protection or compliance. Please consult with your legal counsel for legal and compliance advice. You are responsible for using any ActiveProspect Services in a legally compliant manner pursuant to ActiveProspect’s Terms of Service. Any quotes contained herein belong to the person(s) quoted and do not necessarily represent the views and/or opinions of ActiveProspect.

The post TCPA compliance checklist: Best practices for your marketing appeared first on ActiveProspect.

The legal landscape around the Telephone Consumer Protection Act (TCPA) is shifting dramatically. WebRecon’s June 2025 litigation stats signal a major reversal in trend—TCPA lawsuits spiked while other major statutes dipped.

Here’s what businesses, especially those involved in lead generation and marketing, need to know.

June TCPA cases jump by 29.1%

In June, 257 TCPA lawsuits were filed, up 29.1% from May. That marked a stark contrast after May’s decline in TCPA filings.

• Year-to-date (YTD) TCPA filings soared by 44.4%, highlighting significant upward pressure throughout 2025.
• Other statutes—FDCPA and FCRA—declined month-over-month in June (FDCPA −11.3%, FCRA −1.2%) and remain down YTD.

TCPA represents the majority of class actions

TCPA remains the driving force behind consumer litigation:

• Nearly 79% of all TCPA filings were class actions, underscoring the high-risk nature of this statute.
• This compares to much lower class action ratios for FDCPA and FCRA (≈11% and 3.9%, respectively).

May’s downturn was temporary

In May 2025, TCPA cases fell by 15.3% compared to April, while FDCPA and FCRA rose by 15.5% and 10.1%, respectively.

Despite the decline, TCPA remains up 39.4% for 2025, while FDCPA stays down 9.1% YTD.

CFPB complaints continue to surge

Consumer complaints rose as well, adding to regulatory pressure:

• In May 2025, 23,429 complaints were filed with the CFPB—an 8.8% monthly increase and a staggering 97.6% increase YTD.
  
• In June, CFPB complaints slightly dipped 1.7%, but remained elevated year-over-year with a ~99.5% increase from June 2024.

What this means for marketers & lead buyers

TCPA compliance risk is accelerating

High TCPA lawsuit volume, fueled largely by class-action filings, substantially ups the risk for organizations using autodialed or prerecorded messages. With class actions dominating—79% of TCPA suits—legal exposure is not just financial but also reputational.

Broader regulatory pressure is mounting

Even if TCPA filings lag, continued growth in consumer complaints signals regulatory momentum. Non-TCPA statutes still matter—but TCPA is the most volatile exposure.

State highlight zones

Courts with highest case volume:

• Northern District of Georgia (Atlanta): ~98 TCPA suits in June.
• Central District California (Los Angeles): ~64 suits.
• Northern District Illinois (Chicago): ~46 suits—the top TCPA hubs for repeat litigation.

What ActiveProspect users should do now

1. Audit your consent language & data flows

Use tools like TrustedForm Verify to confirm that consent language meets TCPA standards (clear disclosure, no condition of purchase, etc.).

2. Track lead origin & repeat litigants

Identify high-risk leads and domains. Confirm ownership to build traceability into your funnel.

3. Enable conversion feedback loops

Use CRM integrations (e.g., via LeadsBridge) to tie lead sources back to conversion outcomes—this improves decision-making and budgeting.

4. Use partner configuration controls

Tools like LeadConduit help reduce lead-source ambiguity by letting buyers specify delivery and acceptance criteria.

5. Watch class action risk zones

Protect your exposure by filtering out leads from known repeat plaintiffs or high-risk states using suppression lists.

Final thoughts

WebRecon’s report reveals a major reversal in TCPA litigation trends: Cases surged while other consumer statutes declined. With class actions representing the overwhelming majority of TCPA suits and consumer complaints still surging, compliance efforts cannot be reactive.

Marketers and lead buyers must prioritize strong consent capture, real-time quality validation, conversion tracking, and proactive partner collaboration. By doing so, organizations can better navigate the evolving litigation landscape—and turn compliance into a competitive advantage.

For more insights, subscribe to InsideCBM now and stay ahead in a high-risk TCPA environment.

Note: This post is based on WebRecon’s litigation data and does not constitute legal advice. Consult legal counsel for regulatory decisions and risk analysis.

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In one of the largest TCPA settlements in recent years, water filtration company Enagic agreed to pay over $27 million after being sued for allegedly placing unauthorized robocalls to millions of consumers. The kicker? Most of the outreach was done by its independent distributors—not Enagic directly.

This case sends a clear message: Even if you don’t make the calls yourself, you can still be held liable—and the penalties can be devastating. Whether you’re buying leads, using SMS outreach, or partnering with affiliate marketers, failing to verify consent and follow TCPA standards can leave your business wide open to litigation.

In this article, we’ll break down what happened in the Enagic TCPA settlement, what lessons your business should take from it, and how tools like TrustedForm can help shield you from becoming the next headline.

What is the Enagic TCPA settlement?

The Enagic TCPA settlement refers to a $27.3 million class action resolution reached in 2023, following allegations that Enagic’s distributors violated the Telephone Consumer Protection Act (TCPA) by placing robocalls and sending texts without proper prior express written consent (PEWC).

The lawsuit, filed in the U.S. District Court for the Central District of California, alleged that Enagic and its agents used automatic telephone dialing systems (ATDS) to contact individuals about selling or distributing its water filtration products. Many recipients claimed they never gave consent to receive these communications.

The settlement did not require Enagic to admit wrongdoing, but the substantial payout and scale of the class involved underscore the seriousness of TCPA enforcement in lead generation and marketing.

The details behind the Enagic TCPA settlement

At the heart of the Enagic case was the issue of TCPA consent.

Independent Enagic distributors were marketing the company’s products using mass text messages and pre-recorded calls. The plaintiffs argued that these messages were sent using autodialers and failed to obtain the recipients’ prior express written consent—which is important for outreach and compliance with TCPA requirements.

Because Enagic allegedly failed to properly monitor or direct how its affiliates obtained leads or consent, the court allowed the case to proceed as a class action. The proposed class included millions of individuals who received robocalls or marketing texts promoting Enagic products.

While Enagic did not admit guilt, the sheer size of the settlement demonstrates how costly even unintentional or indirect violations of the TCPA can be.

What businesses should learn from the Enagic TCPA settlement

The Enagic TCPA settlement is an example of why businesses need to be careful if performing high-volume calling or texting for sales and marketing campaigns. Here are five key lessons:

1. You can be held liable for the actions of your partners and vendors

It may not matter if your employees, affiliates, or third-party vendors are making the calls. If they’re selling or marketing your products or services, you can be held responsible for their actions under the TCPA.

2. Consent is everything

The central issue in this case was the use of ATDS and proper consent to contact. Under TCPA rules, businesses must obtain prior express written consent before making calls using ATDS technology or sending sales and marketing texts. That consent must be clear, documented, and specific to the message and channel used.

3. Affiliate marketing collaboration and oversight is important

Affiliate marketing can help generate sales leads as well as brand or product exposure in the marketplace. But without collaboration, clear contract instructions, strict oversight, and consent verification, you could end up paying for someone else’s mistake representing your brand.

4. Class actions add up fast

A single TCPA violation can cost $500 to $1,500 per call or message. When millions of calls or messages are involved, the financial risk is astronomical. Settlements like Enagic’s can wipe out budgets, damage reputations, and invite regulatory scrutiny.

5. Outsourcing isn’t a defense

Courts increasingly expect businesses to have robust contract language in place and implement proper compliance monitoring programs of outsourced activities, especially in industries where third party lead generation and third party call center use is common.

How TrustedForm and LeadConduit can help mitigate TCPA risk 

One of the most effective ways to reduce your TCPA exposure is to verify and document consent for every lead, before adding them to your CRM—and that’s where ActiveProspect’s TrustedForm and LeadConduit come in.

TrustedForm helps protect your business by providing independent, verifiable proof of consent for every lead. It generates certificates that show exactly when, where, and how a lead opted in—crucial documentation in the event of legal disputes. For companies buying leads, TrustedForm ensures vendor accountability by confirming that leads were collected with proper disclosures and consent. Real-time compliance checks allow you to automatically reject risky leads, while ongoing consent audits help validate that your practices meet TCPA standards and safeguard your brand from false claims.

LeadConduit helps businesses improve lead quality, reduce waste, and boost conversions. It works by instantly processing inbound leads—filtering out bad ones, enriching data, and verifying consent—before routing them to your CRM or sales team. With customizable logic, integrations with trusted partners, and real-time decisioning, LeadConduit gives marketers full control over their lead flow. The result: Cleaner data, better compliance, and more revenue-driving leads reaching the right teams.

Final thoughts

So, what is the Enagic TCPA settlement really about? It’s a cautionary tale for every business that thinks TCPA compliance is someone else’s job. Even when you don’t make the call or send the text, you can still be held responsible.

If your business is generating or buying leads, this case makes one thing painfully clear: Failing to verify and document consent is a gamble you can’t afford to take. The good news? Tools like TrustedForm exist to give you full visibility and control over your consent records.

Don’t wait for a class action to force your hand. Invest in your compliance strategy today—because in the world of TCPA enforcement, ignorance costs, but documentation protects.

Disclaimer: This article is for educational purposes only and should not be construed as legal advice. Always consult with your own attorney prior to making any key business decisions related to the TCPA and other laws and regulations.

The post Enagic TCPA settlement: A $27M wake-up call for marketers appeared first on ActiveProspect.

SMS marketing remains a powerful tool, but in 2025, businesses must walk a finer compliance line than ever before. New Telephone Consumer Protection Act (TCPA) opt-out requirements are shaking up how U.S. organizations manage consent and consumer preferences for text messaging. If your business relies on SMS to engage leads or customers, understanding and adapting to these changes is critical.

In this guide, we’ll break down the 2025 TCPA opt-out requirements, explore recent revocation rule changes, and share best practices to protect your brand and bolster compliance in the year ahead.

Recent updates to consent revocation rules

On April 11, 2025, the Federal Communications Commission (FCC) activated new regulations under the TCPA, specifically around how U.S. consumers can revoke consent for robocalls and SMS messages. These changes were designed to strengthen consumer control while forcing businesses to rethink how they handle opt-outs.

What’s already in effect:

• Consumers can revoke consent using any reasonable method (phone call, text, email, etc.), not just by texting “STOP.”
• Do not contact / text opt-out requests must be reviewed/actioned within 10 business days.
• A business may send one confirmation message to clarify if the consumer wants to opt out of all communication or just certain types (marketing vs. informational).

What’s delayed:

The most sweeping change — requiring a single opt-out to apply across all communication channels and message types — is delayed until April 11, 2026. That gives businesses some breathing room, but not a free pass. Preparation needs to start now.

Main TCPA opt-out requirements for SMS in 2025

Understanding the core TCPA text message opt-out requirements is essential for any organization using SMS communication. Here’s what matters most:

1. Opt-out must be easy and broadly interpreted

Businesses can no longer rely solely on keyword-triggered systems. A message saying “Please don’t text me anymore” must now be treated the same as “STOP.” The rule of thumb: if the consumer’s intent is clear, honor it.  If the intent is not clear, have an internal process with criteria, examples, guidance, and document the decisions. 

2. Any channel, any time

Opt-out requests can be delivered via text, email, voice call, or even in-person conversations. Companies must have processes and procedures be able to detect and review revocation requests from multiple sources and across different systems.

3. 10-day compliance window

You have just 10 business days to stop all SMS communications to a consumer after receiving their opt-out. If you miss the window, you risk lawsuits, fines, and brand damage.

4. Clarification message is optional, but strategic

You’re allowed to send a one-time follow-up message to confirm the consumer’s preferences, but only if it’s sent within five minutes of the opt-out. If they don’t respond, assume full opt-out. Seek a legal compliance review of your confirmation reply language.  

Best practices for managing TCPA opt-out requirements in 2025

With tighter regulations and broader interpretation of consent, you need more than reactive compliance. Here’s how to stay on top of key TCPA opt-out requirements:

1. Centralize consent and opt-out tracking

Avoid silos. All departments — marketing, customer service, compliance — need to be on the same page. Create a unified consent database that records when and how consent was given or revoked.

2. Train staff to recognize opt-out signals

Not every revocation will be obvious. Teach your teams to catch the intent, not just the keyword. And remember: informal replies like “leave me alone” or “stop bugging me” still count. TCPA opt-out requirements are always evolving, and it should be a priority to keep your employees up to date.

3. Automate compliance with tools like TrustedForm

Manual processes can increase the likelihood of inconsistencies or gaps in how consent is documented and managed. Tools such as TrustedForm can help assist in supporting your compliance efforts by helping document and store proof of consent from the beginning.

TrustedForm offers functionality that can:

• Capture and securely store proof of consent at the time of lead generation to help substantiate your compliance posture in the event of legal scrutiny.
• Preserve the original web form or lead ad shown to the consumer, including the specific consent language and opt-in mechanism used.
• Help reduce exposure to potential disputes or claims by validating that leads were sourced with appropriate and documented consent.

As always, consult with your legal counsel to determine how such tools fit into your organization’s overall compliance strategy.

4. Reconfirm consent periodically

Consent is not permanent. Consumer expectations, regulations, and even interpretations of the TCPA can evolve, and so should your consent practices. Relying on outdated or inactive consent may create legal and reputational exposure.

To mitigate this risk:

• Run periodic re-consent campaigns, especially for leads acquired more than 6–12 months ago or those who have not engaged recently.
• Segment your database by activity level and source to prioritize which audiences need reconfirmation first.
• Use clear, transparent language in re-consent messages to reaffirm the consumer’s preferences.
• Track and log re-consent events with time stamps and consent disclosures to maintain audit readiness.
• Consult with legal counsel before re-engaging contacts who were previously opted out or dormant.

Regular re-confirmation shows respect for consumer autonomy and helps maintain that your contact list remains compliant, up to date, and high quality.

5. Monitor opt-out trends and tune your messaging

High unsubscribe rates can indicate compliance issues, poor targeting, or misaligned messaging. Paying attention to these signals can prevent deeper problems down the line.

Best practices for managing opt-out signals:

• Track opt-out rates by campaign, list source, and message type to pinpoint problem areas.
• Review message frequency and content to avoid over-communication or misleading subject lines.
• A/B test call-to-actions and tone to see what resonates and what repels.
• Prioritize consent-friendly messaging, focusing on value and transparency.

Monitoring opt-out trends helps you fine-tune not just your compliance, but also your customer experience and engagement strategy.

Final thoughts

The 2025 TCPA opt-out requirements introduce significant new responsibilities for any organization using SMS to communicate with consumers. With stricter timelines, broader definitions of revocation, and heightened enforcement risk, businesses must shift from reactive to proactive compliance strategies.

Whether you’re refining how you interpret opt-out signals, tightening internal processes, or revisiting your consent flows, the cost of falling behind is steep. Now is the time to invest in scalable, verifiable solutions that support your compliance program.

TrustedForm can play a key role in that strategy by helping you document and store proof of consent to contact with every lead you generate. It’s not just about checking boxes; it’s about reducing risk, protecting your brand, and respecting the preferences of your audience.

Discover how TrustedForm can help you strengthen your TCPA compliance efforts today.

DISCLAIMER: This page and all related links are provided for general informational and educational purposes only and are not legal advice. ActiveProspect does not warrant or guarantee this information will provide you with legal protection or compliance. Please consult with your legal counsel for legal and compliance advice. You are responsible for using any ActiveProspect Services in a legally compliant manner pursuant to ActiveProspect’s Terms of Service. Any quotes contained herein belong to the person(s) quoted and do not necessarily represent the views and/or opinions of ActiveProspect.

The post Navigating TCPA opt-out requirements for 2025 appeared first on ActiveProspect.

Telemarketing is an effective tool for lead acquisition and nurturing, but it can prove harmful without proper management and adherence to crucial laws like the Telephone Consumer Protection Act (TCPA). The TCPA was enacted in 1991 to protect consumers from unsolicited and automated telemarketing calls and faxes. 

For businesses in the lead generation (and outbound calling texting) ecosystem, compliance with TCPA regulations is a critical aspect of operations. Violations can lead to dire consequences, making them a significant concern for businesses across the U.S. 

Understanding the intricacies of TCPA can help shield you from substantial fines, and litigation and safeguard your company’s reputation. This comprehensive guide will help you understand TCPA violations, how they arise, their potential impacts, and best practices to avoid them.

What are TCPA violations?

TCPA violations can occur when a company contacts individuals using automated telephone dialing systems (ATDS), prerecorded voice calls, SMS texts, or fax transmissions without prior express consent. Anura CEO Rich Kahn summed it up succinctly:

“A TCPA violation is the term for when a business is found to have broken the rules of TCPA in some way—such as by calling a number unsolicited and using automated marketing messages or using a robodialer to send thousands of pre-recorded messages.”

An important aspect of TCPA is its embodiment of U.S. consumer rights and privacy mandating that consent is necessary for telemarketing calls and text messages via automated systems. Additionally, the TCPA established a National Do Not Call (DNC) list program and allows consumers to revoke consent to be contacted on registered phone numbers and companies need to establish a process to check if numbers are on the national DNC before calling. 

But perhaps the most painful and expensive TCPA violation pathway is the regulations allowance for individuals (or a group/class) to initiate a legal claim (private right of action) of potential TCPA violations in calling practices and the company has the burden to prove if there was a violation. Depending on the merits of the case, the defending party has to decide if they will defend the claims (legal expenses with the potential of judgment against a company) or consider settling the claim for a lesser amount without legal expenses and risks.              

What are 5 major types of TCPA violations?

Below are five major types of TCPA violations businesses should be aware of:

1. TCPA text message violations

Sending unsolicited text messages without proper consent is a direct violation of the TCPA. If a business uses an autodialer or any automated system to send promotional texts, it must first obtain prior express written consent from the recipient. This applies to marketing messages and other non-emergency communications.

Additionally, every text message campaign initiation must include a clear opt-out mechanism, which is elaborated upon further in the fifth type of violation.

2. Do-Not-Call (DNC) violations

The National Do Not Call (DNC) Registry protects consumers from unwanted telemarketing calls. Calling a residential or mobile phone number registered on the national or state DNC list without proper consent is a significant TCPA violation. Telemarketers must also maintain an internal DNC list and respect consumer requests to opt out of future calls.

3. TCPA cell phone violations

The TCPA strictly regulates the use of autodialers (also called automatic dialing systems or robocalling technology) when contacting mobile phone numbers. If a company calls or texts a consumer’s cell phone using an autodialer without prior express written consent (PEWC), it violates TCPA rules.

A common issue arises when businesses unknowingly contact a reassigned phone number. If a consumer changes their number and the new owner hasn’t given consent, the business may still be held liable for a wrong-number TCPA violation. Companies should  implement reassigned number database (RND) checking tools to maintain that they are not mistakenly contacting reassigned numbers.

4. Prerecorded or artificial voice messages (Robocalls)

Prerecorded voice messages (robocalls) sent without the proper level of consent are another major TCPA violation. Businesses must obtain prior express written consent before using artificial or prerecorded voice messages for telemarketing purposes.

Robocalling technology can be used compliantly with the proper notice and consent for marketing, sales, transactional, informational, and political messaging purposes, but they must comply with FCC robocall mitigation rules. Some businesses attempt to bypass TCPA rules by delivering messages directly to voicemail (ringless voicemail), but this is still considered a violation if consent is not obtained.

5. Failure to adhere to new revocation rules

Just days before the updated TCPA revocation rules were set to begin, the FCC announced a partial delay—giving businesses more time, but not a free pass.

The most complex change, the “reasonable methods” provision, is now postponed until April 11, 2026. This covers requirements like honoring opt-out requests (including vague or unclear responses), syncing revocations across systems, including opt-out limits in messages, and processing requests within 10 business days.

However, some key requirements still took effect on April 11, 2025, such as:

• Including clear opt-out instructions in all marketing texts
• Honoring Do Not Call (DNC) requests within 10 business days
  

While some rules are delayed, businesses should begin preparing now—full enforcement is still on the horizon.

Failure to comply with these revocation rules will likely result in increased TCPA litigation and enforcement actions. Businesses should update their consent management processes now to stay ahead of these changes. Using a robust consent management platform can help organizations efficiently track and implement revocation requests across all channels.

The impact of FCC on TCPA violations

The governing body for TCPA enforcement, the Federal Communications Commission (FCC), continually updates TCPA rules in response to emerging communication technologies and consumer concerns. By enforcing the regulations and protecting consumer rights to privacy, the FCC shapes how businesses conduct telemarketing practices. 

As the FCC continues to reshape the industry, it is imperative to stay up-to-date with the latest rules and regulations to avoid any TCPA violations. These rules are not to be taken lightly and disregarding them can result in hefty fines, lawsuits, and irreparable brand damage.

Common TCPA violation causes for lead buyers and generators

For lead generators and buyers, TCPA violations can arise from a single misstep. Navigating the realm of lead generation and consumer calling or texting around TCPA can be a minefield of potential legal risk and analysis to identify the verifying root causes of these potential violations is instrumental in creating reliable compliant policies. Common TCPA violations caused by lead generators and lead buyers include:

Misinterpretation of consent

Lack of clarity on what constitutes “prior express written consent” (PEWC) can lead to accidental violations. TCPA consent can be defined as the process of asking consumers for prior express written consent to be contacted to promote a product or service. Some companies fail to provide proper consent notice language to consumers or struggle to prove that consent was given by the individual.

Failure to scrub leads against Do-Not-Call lists

The National Do-Not-Call (DNC) registry is a black book for telemarketers. Not scrubbing your lead database against this list can result in contacting individuals who have explicitly declined to receive unsolicited marketing materials. There are also individual State DNC lists that need to be checked, alongside company internal DNC lists, and RND reassigned number database services that need to be operationalized. 

Inadequate record-keeping

A record-keeping system is critical to TCPA compliance. Companies include contact information in their marketing records or explore adding leads potentially interested in their products or services from external lead generators, which introduces the risk of acquiring inaccurate or outdated data. Without updated and clear documentation of consent, the source of the lead, and call histories, companies may face challenges in proving compliance with TCPA.

Call frequency and timing

The FCC’s TCPA regulations and the FTC’s Telemarketing Sales Rules (TSR) dictate the permissible frequency and timing of calls to consumers. Overcoming these restrictions requires robust scheduling and tracking mechanisms to prevent violations. There are also individual State allowances and restrictions on call times and frequency that also need to be consulted and operationalized.

Lack of internal compliance processes

Without stringent compliance controls in place, there is an increased risk of oversight or neglect regarding TCPA requirements. Sales and Marketing teams may inadvertently overlook compliance requirements leading to inadequate auditing mechanisms that can leave businesses vulnerable to TCPA violation claims. Without regular and ongoing consultation on sales, marketing campaign practices, and data-handling procedures, it’s challenging to identify and rectify potential violations before they escalate into legal issues.

What is a possible consequence for violating the TCPA?

TCPA violation fines and penalties

The consequences for TCPA violations are substantial due to a strict liability statute that places companies legally responsible regardless of fault or intent, and uncapped damages. Furthermore, legal action can be taken by both the FCC and private consumers against TCPA violators with penalties ranging from hefty fines to exorbitant class-action lawsuits. 

Fines can range from $500 to $1,500 per violation (per call), potentially leading to tens of millions of dollars for large-scale marketing campaigns. These numbers are not just scare tactics. In April 2023, a Florida court preliminarily approved a $40 million class-action settlement by a privately held real estate company over claims that it violated TCPA rules. 

TCPA violation penalties also extend beyond financials–businesses can risk irreparable reputation damage and the permanent loss of customer trust.

Treble damages

Penalties can be even more severe if a court determines that the defendant intentionally or consciously engaged in TCPA violations. In this instance, treble damages can be incurred.

Treble damages is a term that indicates a statute exists to award a prevailing plaintiff up to three times actual or compensatory damages. So if the initial damages were $500 per call, they’d be trebled to $1,500 per call.

True TCPA violations cost

The cost of TCPA violations can be devastating for businesses, especially when the infraction involves unsolicited communications, like TCPA violations text messages or calls made without proper consent. These penalties are steep—starting at $500 per violation and rising to $1,500 for a willful or knowing TCPA SMS violation. This may not seem alarming initially, but the numbers add up quickly. For example, a single marketing campaign that violates TCPA regulations by contacting 10,000 people could result in fines of $5 to $15 million.

TCPA lawsuits, whether individual or class action, can impose not only hefty fines but also damage a company’s brand and consume resources needed to fight legal battles. Many businesses, like Keller Williams, have been hit with multi-million-dollar settlements. Their case, involving unauthorized auto-dialing, settled for $40 million, a fraction of what they could have faced if every call resulted in a $500 to $1,500 penalty.

Given the strict liability nature of the TCPA, companies engaging in telemarketing must be diligent. Even unintentional violations carry significant costs, so it’s essential to maintain compliance with the TCPA and related regulations to avoid such financial devastation.

Does insurance cover TCPA violations?

Insurance coverage for TCPA violations is often limited. Many commercial liability policies explicitly exclude TCPA claims, and others invoke broad privacy exclusions to deny coverage. The team at Alliance Risk points out that standard GL and umbrella policies typically classify TCPA settlements as regulatory penalties rather than insurable losses, a gap most businesses don’t discover until a claim is filed.

Some courts have found that insurers can exclude TCPA settlements under invasion-of-privacy clauses. However, a few companies offer dedicated TCPA insurance—these policies exist but tend to be costly.
That said, in rare cases courts have required insurers to cover TCPA settlements when policy language was ambiguous, such as in a 2018 New York decision involving a $50 million settlement. To manage risk, businesses should review their policies carefully, clarify exclusions with their insurer, and consider specialized TCPA coverage if they face significant exposure.

TCPA violation prevention and compliance strategies

Proactive avoidance and prevention are the best defenses to avoid possible TCPA violations. To mitigate risk, businesses should adopt rigorous compliance strategies and software solutions that keep consent and consumer protection at the forefront of all communication. A few best practices include: 

Implement exemplary lead verification practices

Obtaining and verifying consent for every lead should be step one for all companies. The use of unambiguous and concise language can further these efforts by helping consumers understand exactly what they are consenting to regarding phone calls or text message outreach. 

Regular scrubbing of Do-Not-Call lists

Regularly updating and diligently scrubbing your database against internal, state, and National Do-Not-Call lists is essential. Automated tools can help streamline this process and help you avoid making contact with any person listed in the registry.

Develop and enforce strict policies

Developing policies that emphasize TCPA regulations and enforce compliance through staff training and performance metrics can maintain a culture of conformity. Consider developing an internal TCPA checklist that can be referenced any time a question of compliance arises. 

Keep meticulous records

Robust record-keeping policies can help companies store documentation of consent and demonstrate a commitment to transparency. Automated tracking systems can assist with this and help keep records up-to-date and easily accessible.

Monitor and limit call frequency

Monitor call frequency and timing to prevent excess or improper contact. By implementing internal Automatic Telephone Dialing System (ATDS) parameters, you can help your company avoid reaching out to prospects outside of the allowed hours or more frequently than the TCPA allows.

Legal consultation

Seeking legal counsel from experts well-versed in TCPA can offer insights into the nuances of the law and provide tailored approaches to compliance for your business. Legal counsel can help clarify grey areas that will undoubtedly exist and can help keep your company on the best pathway to TCPA compliance.

The TrustedForm compliance solution

Although maneuvering through the updated regulatory environment may appear intimidating, innovative measures already exist to help facilitate continued TCPA adherence. With a twenty-year track record in consent-based marketing, we assist thousands of companies in certifying millions of leads annually with our premier record of consent, transparency, and compliance documentation solution, TrustedForm.

ActiveProspect’s TrustedForm is a leading compliance record of consent and lead transparency solution for businesses that want to maintain the highest standard for independent proof of consent. TrustedForm maintains this standard with four key products: Certify, Retain, Insights, and Verify, all tailored to cater to the needs of lead buyers, lead sellers, and publishers alike.

TrustedForm can offer an effective way to mitigate compliance risks by providing real-time lead certification, documented consent records, and helping foster a commitment to transparency. By prioritizing compliance and leveraging advanced tools, businesses can help safeguard themselves against costly legal consequences and maintain trust with consumers.

Final thoughts

TCPA violations are a significant concern for all businesses involved in lead generation, sales, or marketing outreach by phone or text messaging. Understanding the causes and consequences of these violations is crucial for maintaining lawful, respectful consumer outreach and communications.

By adopting comprehensive compliance strategies and leveraging technology like TrustedForm, businesses can operate confidently within TCPA guidelines, reduce legal risks, and preserve consumer trust. Remember, when it comes to TCPA, an ounce of prevention is worth a pound of cure. Discover the highest standard for independent proof of consent to contact; discover TrustedForm.

DISCLAIMER: This page and all related links are provided for general informational and educational purposes only and are not legal advice. ActiveProspect does not warrant or guarantee this information will provide you with legal protection or compliance. Please consult with your legal counsel for legal and compliance advice. You are responsible for using any ActiveProspect Services in a legally compliant manner pursuant to ActiveProspect’s Terms of Service. Any quotes contained herein belong to the person(s) quoted and do not necessarily represent the views and/or opinions of ActiveProspect.

The post What are TCPA Violations: Causes and how to avoid them appeared first on ActiveProspect.

The world of TCPA compliance is undergoing a seismic shift following the Supreme Court’s recent decision in McLaughlin Chiropractic Associates v. McKesson Corp..

Our latest webinar brought together industry experts Alexandra Krasovec (Partner at Manatt, Phelps & Phillips, LLP), Aaron Weiss (Shareholder at Carlton Fields), and host Margaret Wise (Chief Revenue Officer at ActiveProspect) to unpack what this decision means for marketers, lead generators, legal teams, and the broader compliance landscape.

If you’re wondering who’s in charge now when it comes to interpreting TCPA rules, the short answer is: It’s complicated. But the long answer—explored in detail during this session—offers critical guidance for organizations navigating this evolving legal terrain.

TL;DR

The Supreme Court’s McLaughlin ruling has upended how TCPA rules are enforced—district courts no longer have to follow FCC interpretations. This opens the door for inconsistent rulings and increased litigation risk. Experts advise businesses to maintain strict compliance practices, especially around consent, documentation, and lead verification. State laws still apply, and AI doesn’t exempt you from TCPA rules. Bottom line: Tighten your processes, stay informed, and don’t relax your standards.

Key takeaways

• McLaughlin ruling: District courts no longer have to defer to FCC interpretations of the TCPA in private lawsuits.
• Judicial authority: Trial court judges now have more say in how TCPA rules could be  applied.
• Compliance strategy: Don’t loosen standards; maintain or strengthen consent and documentation practices.
• Litigation impact: Opens door to more legal challenges and inconsistency in how TCPA rules are interpreted.
• Existing cases: Active cases may revisit past rulings based on now-nonbinding FCC guidance.
• Lead buying risks: Watch for vendors claiming FCC rules don’t apply; continue vetting leads thoroughly.
• TrustedForm use: Having certificates isn’t enough—audit and validate consent records regularly.
• State laws: Ruling doesn’t affect state-level TCPA laws like those in Florida and Texas.
• AI voice tech: AI-generated calls may still count as artificial/prerecorded and require consent.
• AI and consent: Using AI to collect consent is risky—ensure clarity and validity.
• CMS rules: McLaughlin doesn’t impact CMS (Medicare lead generation) or other non-FCC outreach consent requirements.
• Enforcement trends: Expect fewer new federal regulations, but states may still pursue TCPA claims.
• Watch the courts: Appellate decision splits likely—stay updated through legal counsel or TCPA trackers.
• Bottom line: Keep compliance tight, stay informed, and avoid relying on AI for legal advice.

Let’s dive deeper into the topics presented above.

What happened in McLaughlin?

Historically, courts have deferred to the FCC’s interpretations of the Telephone Consumer Protection Act (TCPA), treating its declaratory rulings and final rules as binding under the Hobbs Act. This framework left little room for defendants (or plaintiffs) in private lawsuits to challenge those interpretations after a strict 60-day window for appeal had closed.

But in McLaughlin, the Supreme Court ruled that district courts are not bound by FCC interpretations of the Congress passed TCPA in lawsuits. This seemingly procedural change has major implications: Courts can now reinterpret TCPA provisions without deference to decades of FCC rulings.

What does this mean for TCPA compliance?

For years, businesses operated under the assumption that once the FCC issued a rule or interpretation, it became the law of the land. This included everything from consent requirements to exemptions and revocation procedures. Now, those assumptions are no longer safe.

District courts can—and likely will—begin issuing divergent opinions, leading to an uncertain patchwork of interpretations. Until appellate courts weigh in, or the Supreme Court rules on specific issues again, trial judges have the power to reshape how TCPA provisions are applied.

In short, we’re entering an era of TCPA “litigation by jurisdiction.”

Is this a win for businesses?

The answer isn’t so simple.

Alexandra noted that in the short term, this ruling may create more complexity for responsible businesses. Without a unified set of FCC interpretations to rely on, companies could face greater litigation risk and more inconsistent legal outcomes across jurisdictions.

That said, the ruling also opens the door for companies to challenge outdated or overly rigid interpretations of the law. For instance, prior express written consent rules—long seen as the bedrock of TCPA compliance—may be ripe for reevaluation.

Whether that benefits businesses or consumers depends on how courts handle these challenges over time.

Should you change your compliance strategy?

Absolutely not—at least not yet.

Both Aaron and Alexandra cautioned strongly against loosening compliance practices based on McLaughlin. In fact, companies may want to tighten up their processes, particularly around obtaining and documenting consent.

One area of focus: Making sure consent is clearly expressed and tied to a specific purpose. Relying on ambiguous “implied consent” or broad terms could put companies at risk, especially in this new, unpredictable legal environment.

Ongoing litigation: What to watch

Expect a wave of new litigation challenging various FCC interpretations. Issues like the definition of “prior express consent,” autodialer classifications, and exemptions from Do Not Call (DNC) rules are all on the table.

The key takeaway: Keep a close eye on developments in your jurisdiction, and stay in close contact with experienced TCPA counsel. This is not the time to rely on AI-generated compliance advice, as Aaron warned. “ChatGPT is not an attorney,” Alexandra quipped—especially when it’s regurgitating aggressive defense arguments as compliance gospel.

State laws still apply

Another major point: McLaughlin does not affect state-level telemarketing laws. Florida, Texas, and other states continue to enforce their own rules—and many are more aggressive than the TCPA itself.
So while the federal landscape becomes more fluid, state laws remain a strong and consistent regulatory force. Any comprehensive compliance program must account for both.

What about AI, CMS, and other regulations?

The panel also addressed timely questions about AI-driven outreach and CMS (Centers for Medicare & Medicaid Services) regulations. The McLaughlin ruling does not impact CMS’s 48-hour rule or the federal regulations tied to that agency, as CMS is not governed by the Hobbs Act.

As for AI, automated voice technology is likely to be treated as an “artificial or prerecorded voice” under the TCPA. That means AI-generated calls could trigger consent requirements—even if the FCC’s interpretation of what qualifies is no longer binding.

The advice? Don’t assume AI gives you a free pass. Collect valid consent. Use clear notice disclosures and consent for the use of AI voice technology around inbound or outbound communication. Stay on the safe side.

Lead buyers: Stay vigilant

For lead buyers, the message was clear: Don’t let vendors talk you into shortcuts.

With the weakening of FCC new rule-making authority, some bad actors may claim that consent standards no longer matter. They’re wrong. Responsible buyers should continue to audit their leads, scrutinize vendor contracts, and lean on tools like TrustedForm for real-time and proactive TCPA consent analysis and verification.

This is not the time to relax due diligence.

Looking ahead: Will this settle or spiral?

The Supreme Court’s decision raises more questions than it answers. Will courts converge on new standards, or will we see years of divergent rulings before clarity emerges? Will this lead to more litigation, or just more complexity in existing cases?

One thing is certain: TCPA compliance is more legally risky and operationally complex than ever.

Final thoughts

McLaughlin may not be the death knell for the TCPA—but it is a call to arms for anyone involved in lead generation, telemarketing, or compliance. The playbook has changed. The refs have changed. And the rules are now up for interpretation.

Whether that means greater flexibility, greater risk, or both—it’s too early to say. But one thing’s clear: This is the most consequential TCPA development of the decade.

Watch the full webinar replay to get all the insights and expert commentary. And be sure to subscribe to ActiveProspect’s InsideCBM newsletter for ongoing consent-based marketing updates.

DISCLAIMER: This page and all related links are provided for general informational and educational purposes only and are not legal advice. ActiveProspect does not warrant or guarantee this information will provide you with legal protection or compliance. Please consult with your legal counsel for legal and compliance advice. You are responsible for using any ActiveProspect Services in a legally compliant manner pursuant to ActiveProspect’s Terms of Service. Any quotes contained herein belong to the person(s) quoted and do not necessarily represent the views and/or opinions of ActiveProspect.

The post A new chapter for TCPA enforcement and compliance appeared first on ActiveProspect.

Privacy laws are tightening, and the stakes have never been higher. For any business that collects consumer data and markets via phone or text, managing TCPA consent is a legal necessity. Under the evolving interpretation of the Telephone Consumer Protection Act (TCPA), even minor missteps can result in costly fines. Precision matters, and a solid consent management strategy is now a cornerstone of compliance.

This guide will walk you through what TCPA consent management is, why it matters, best practices, and how a consent management system like TrustedForm can help keep your business compliant.

What is TCPA consent management?

TCPA consent management refers to the structured process of obtaining, documenting, and maintaining a consumer’s explicit permission to receive marketing communications via phone or text. Under the TCPA, businesses must secure prior express written consent before using an ATDS, pre-recorded voice messages, or text-messaging for promotional outreach.

While the FCC previously attempted to impose stricter one-to-one consent requirements, that rule was vacated by the Eleventh Circuit Court in early 2025. That said, regulators remain focused on deceptive or overly broad consent language. 

Consent buried in fine print or obtained without full transparency may not hold up under legal scrutiny. Businesses that rely on shared leads or third-party data must take extra steps to verify that consent was legally obtained and properly documented. Failing to meet this requirement could expose businesses to severe regulatory and legal consequences, including statutory damages and class-action litigation.

Why consent management is important

Telemarketing and lead generation can be powerful growth engines, but only if they’re built on a foundation of legal, ethical communication. That foundation is consent. Without it, every call, text, or data transfer becomes a liability. 

The TCPA doesn’t suggest best practices; it establishes rules that require strict adherence, otherwise businesses could potentially face fines, lawsuits, and reputational consequences that could be crippling. That’s why consent management isn’t just about ticking a box. It’s about protecting your business from financial exposure and earning the trust of the people you’re trying to reach.

Legal compliance: The cost of noncompliance is steep. The TCPA allows for statutory damages of up to $500 per unauthorized call or text, and up to $1,500 per violation if a court finds the conduct was willful or knowing. With no cap on aggregate damages, even a modest campaign with flawed consent procedures can snowball into multi-million-dollar lawsuits. High-profile class actions have resulted in settlements exceeding $40 million, and many more quietly settle to avoid public scrutiny.

Consumer trust: Customers are increasingly aware of their privacy rights and quick to take action when they feel those rights are ignored. Brands that clearly explain what users are opting into and honor those preferences foster trust, reduce complaints, and increase long-term loyalty. In contrast, opaque practices can damage a brand’s reputation faster than any lawsuit.

TCPA consent management best practices

Understanding what consent management is only gets you halfway. Now it’s time to talk about execution. Whether you’re generating leads or buying them, staying TCPA-compliant means building systems that are clear, verifiable, and adaptable. Below are essential best practices every business should implement to protect itself from lawsuits, enhance data quality, and uphold consumer trust.

1. Obtain prior express written consent

The cornerstone of TCPA compliance is prior express written consent (PEWC). This must be explicit, unambiguous, and well-documented. Use clear, prominent language in your forms or lead flows to maintain that users understand:

• Who is collecting their data
• Who will be contacting them
• How they will be contacted (e.g., call, text, email)
• Why they are being contacted

Lastly,  be careful with pre-checked boxes, legal jargon, links to web disclosures of hundreds of potential data sharing partners, or bundled permissions. 

2. Keep detailed, time-stamped records

Documentation is your legal safety net. Maintain complete, time-stamped logs that capture:

• The full context of the consent disclosure
• The date and time consent was given
• The IP address or device used
• The method of capture (e.g., web form, call recording, e-signature, social media lead ad)

3. Make opt-outs easy, fast, and trackable

TCPA compliance doesn’t end with consent. You must also provide users with a simple and effective way to revoke it. Under the latest FCC guidance, consumers can opt out via any reasonable method, not just a company-designated one. That means while a “STOP” reply is a clear revoking action, other words in texts, emails, or even verbal requests need to be reviewed and potentially actioned upon.

All opt-out procedures should:

• Work across all communication channels
• Be completed as soon as practicable, and within 10 business days
• Be documented and monitored for compliance, business risk reduction, and legal defence.

4. Stay current with evolving TCPA rules

TCPA rules don’t stand still. In early 2025, the FCC’s one-to-one consent rule was vacated, shifting compliance back to a broader standard, but not indefinitely. State-level laws and future FCC actions may change the landscape again.

To stay compliant:

• Monitor updates from the FCC and FTC
• Subscribe to legal and compliance briefings
• Conduct regular audits of your consent practices

Most importantly, design your consent flows with agility in mind. Staying ahead of regulation protects you from scrambling to adapt after enforcement begins.

5. Automate with consent management tools

Manual compliance is difficult to scale, and even harder to defend under scrutiny. Automation brings the consistency, speed, and accuracy needed to stay compliant as you grow. That’s where TrustedForm comes in.

How TrustedForm helps

Avoid the risks of relying on screenshots or unverifiable third-party claims. Thousands of businesses trust ActiveProspect’s TrustedForm to capture and confirm consent at the moment a lead is generated. With TrustedForm, you can:

• Reduce TCPA exposure by maintaining that every outreach is backed by properly documented consent.
• Confirm that each certificate is directly linked to the lead being purchased.
• Move forward with confidence, knowing consent has been clearly granted.

TrustedForm provides independent, real-time proof of consent to contact transactions, giving your business added protection and peace of mind when it matters most. Strengthen compliance, reinforce trust, and keep your marketing and sales efforts on solid ground.

Final thoughts

TCPA compliance is a critical part of responsible lead generation and consumer engagement. A strong consent management process protects your business, strengthens your brand, and builds trust with every interaction. With TrustedForm, you don’t have to guess whether consent was properly captured—you’ll know. Discover how TrustedForm can help you document, verify, and protect every lead you generate.

Discover TrustedForm now.

DISCLAIMER: This page and all related links are provided for general informational and educational purposes only and are not legal advice. ActiveProspect does not warrant or guarantee this information will provide you with legal protection or compliance. Please consult with your legal counsel for legal and compliance advice. You are responsible for using any ActiveProspect Services in a legally compliant manner pursuant to ActiveProspect’s Terms of Service. Any quotes contained herein belong to the person(s) quoted and do not necessarily represent the views and/or opinions of ActiveProspect.

The post Everything you need to know about TCPA consent management appeared first on ActiveProspect.

The Telephone Consumer Protection Act (TCPA) is one of the most critical regulations for businesses involved in lead generation or buying leads. It governs how companies communicate with consumers, especially via phone calls and text messages. But what happens when businesses fail to comply? The answer: Potentially devastating TCPA violation fines.

This article explores TCPA violation fines, real-world cases, and actionable steps your business can take to avoid becoming the next cautionary tale.

What is the fine for a violation of the TCPA?

TCPA violations are costly. By law, businesses may be liable for:

• $500 per call or text that violates the TCPA
• $1,500 per call or text if the violation is found to be willful or knowing
  

TCPA violation fines are calculated per call or text message, which means the financial exposure can skyrocket quickly, especially for companies conducting high-volume outbound communications.

But here’s the nuance: TCPA cases aren’t always a straightforward equation of “X number of calls = Y fine.” Often, the total potential fine is calculated based on the volume of calls made during the relevant period. If it’s alleged that all those calls lacked proper consent, you could be looking at damages multiplied by hundreds of thousands—or even millions—of instances.

And it doesn’t stop there. Many U.S. states have their own state-specific TCPA-style laws. These can stack additional penalties on top of the federal fine per call, making non-compliance exponentially more expensive.

Once a company is sued, they typically face a choice: Go to court and defend themselves, which is time-consuming and costly, or settle for a lesser amount to avoid an unpredictable jury trial. Either way, the financial and reputational costs can be steep.

Real-world TCPA violations fines: Lessons from the headlines

1. Dish Network – $280 Million

In one of the largest TCPA cases ever, Dish Network was hit with a $280 million fine in 2017. The company was accused of making millions of telemarketing calls to people on the National Do Not Call Registry.

2. Caribbean Cruise Line – $76 Million Settlement

Caribbean Cruise Line faced a class-action lawsuit over robocalls sent without consent. The final settlement reached tens of millions of dollars, with individual claimants receiving between $200 and $300 per call.

3. ViSalus – $925 Million Jury Verdict

In 2019, a jury awarded this eye-popping amount after ViSalus was found to have made nearly 2 million robocalls without proper consent. While the verdict was later challenged and ultimately reduced, it served as a warning about how high TCPA violation fines per call can climb.

4. Capital One – $75.5 Million Settlement

Capital One settled a TCPA class-action case involving autodialed debt collection calls to customers’ cell phones. Though they did not admit wrongdoing, the financial implications were significant.

These examples underscore that TCPA violations are not a trivial matter. Companies—big and small—are held accountable, and settlements or jury verdicts can reach into the millions.

How to avoid TCPA violation fines

Avoiding TCPA violations comes down to one key principle: Document and respect consumer consent. Here are several best practices to help lead generators and buyers keep their marketing practices TCPA compliant:

1. Use TrustedForm to capture and document consent

TrustedForm provides independent proof of consent for every lead. It captures:

• The exact moment of the consent transaction
• The full webpage session replay
• The language shown to the consumer
• Timestamp, IP address, and other identifying details

This documentation is crucial if your company is ever accused of making calls or sending texts without proper consent. It forms the foundation of a defensible compliance position.

2. Validate consent before routing leads

Use LeadConduit to automate lead filtering. This tool can:

• Automatically reject non-compliant or suspicious leads
• Ensure consent metadata is passed to your CRM or dialer
• Reduce risk before any communication even happens

3. Don’t rely on generic opt-ins

Phrases like “Text SAVE to 54321” or pre-checked boxes are not sufficient. Your opt-in language should be clear, conspicuous, and specific about:

• Who is contacting the consumer
• The nature of the communication (calls, texts, etc.)
• That consent is not a condition of purchase

4. Understand time and channel restrictions

Certain jurisdictions restrict when and how you can contact leads. Stay aware of:

• Federal and state quiet hours (e.g., before 8am or after 9pm in the recipient’s time zone) and holidays
• Do Not Call lists (both federal and state-level)
• Reassigned Numbers Database to avoid contacting someone who now has a number previously given by another person

5. Consult legal counsel regularly

TCPA and related state laws are constantly evolving. Partner with your legal or compliance team to:

• Review campaign language and consent flows
• Stay ahead of legislative changes
• Develop internal escalation paths for potential compliance issues

Final thoughts: TCPA compliance is not optional

When it comes to lead generation or buying leads, TCPA compliance isn’t just about avoiding lawsuits—it’s about protecting your business, your reputation, and your growth potential.

So, what is the fine for a violation of the TCPA? Up to $1,500 per call, multiplied by every instance of non-compliant outreach. But as the ViSalus case shows, those calls add up—and so do the risks.

Investing in tools like TrustedForm and LeadConduit doesn’t just help with compliance. It allows you to confidently scale your outreach efforts, knowing your business is built on a foundation of transparent, consent-based marketing.

In the world of TCPA, prevention is always less expensive than the cure. If you’d like to learn how ActiveProspect can help you stay on the right side of compliance, schedule a free demo now!

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