What Are Common TCPA Litigator Tactics?

Type: Blog
Topic: Do Not Call Solution

TCPA litigators and professional plaintiffs manufacture lawsuits by exploiting weaknesses in telemarketing and customer outreach practices. They bait businesses into violations, leveraging outdated TCPA rules to force settlements and costly litigation.

Businesses face even greater legal exposure if they lack airtight compliance. Uncapped statutory damages and strict liability rules mean that even honest mistakes can result in penalties of up to $1,500 per violation. Businesses relying on outbound calls and texts must be proactive in identifying predatory tactics and implementing safeguards to avoid becoming a target.

Common TCPA Litigator Tactics

TCPA litigators use deceptive strategies to trigger lawsuits. Some of the most dangerous include:

• Dual-Purpose Phone Lines – Listing a personal phone number as a business line, then claiming a TCPA violation when contacted.
• Call Seeding – Giving consent for a call, then returning it from a different, non-consented number to bait agents into calling back.
• Waiting for Multiple Calls – Allowing repeat calls to stack violations, inflating potential damages.
• Reassigned Numbers – Buying prepaid phones with recycled numbers to claim non-consensual calls.
• Per-Call Charges – Using phone plans that charge for incoming calls to claim financial harm.
• Targeting Executives Personally – Naming corporate officers in lawsuits to increase settlement pressure.
• Forcing Quick Settlements – Threatening expensive litigation to pressure businesses into paying out.

These tactics capitalize on gaps in compliance programs, especially when businesses lack real-time consent verification and number scrubbing.

Who Do TCPA Litigators Target?

Litigators seek businesses with vulnerabilities, focusing on:

• High-Volume Callers – Financial services, insurance, home services, and travel industries.
• Companies with a History of TCPA Lawsuits – Prior settlements make businesses repeat targets.
• Businesses with Weak Opt-In Language – Poorly worded consent forms lead to litigation exposure.
• Organizations Unaware of TCPA Rules – Some mistakenly believe TCPA doesn’t apply to B2B, nonprofits, or political campaigns.
• Companies Using Third-Party Call Centers – Businesses are liable for their vendors’TCPA violations.

If your business relies on outbound calls, you’re at risk without a robust compliance program.

The Cost of a TCPA Lawsuit

TCPA violations can result in serious financial penalties:

• $500 per violation – Each call or text without proper consent.
• $1,500 per willful violation – If non-compliance is deemed intentional.
• Multi-million-dollar settlements – Some cases have exceeded $75 million.
• Reputational Damage – Even defending a lawsuit can hurt your brand.

Class action lawsuits compound damages, potentially leading to financial disaster for unprepared businesses.

How to Protect Your Business from TCPA Litigation

Avoiding TCPA lawsuits requires prevention and strategic compliance measures:

• Remove Known Litigators from Your Contact Lists – Use a TCPA Litigator List to block serial plaintiffs before they bait your business.
• Scrub Against Do Not Call (DNC) Lists – Check federal and state DNC registries before making calls.
• Verify Reassigned Numbers – With 100,000 phone numbers reassigned daily, real-time validation prevents calling the wrong person.
• Capture & Store Consent Records – Maintain timestamped opt-ins for every call, text, and marketing campaign.
• Monitor Callbacks Carefully – Train agents to avoid baiting tactics like call seeding.
• Audit Your Third-Party Vendors – Verify that lead providers and call centers follow TCPA rules.
• Use Compliance Technology – Platforms like PossibleNOW’s DNCSolution automate list scrubbing, consent tracking, and risk reduction.

TCPA litigation is a serious financial threat, but comprehensive compliance solutions drastically reduce your exposure. Don’t wait for a lawsuit—secure your business today.

About PossibleNOW

PossibleNOW is the pioneer and leader in customer consent, preference, and regulatory compliance solutions. We leverage our MyPreferences technology, processes, and services to enable relevant, trusted, and compliant customer interactions. Our platform empowers the collection, centralization, and distribution of customer communication consent and preferences across the
enterprise. DNCSolution addresses Do Not Contact regulations such as TCPA, CAN-SPAM and CASL, allowing companies to adhere to DNC requirements, backed by our 100% compliance guarantee.

PossibleNOW’s strategic consultants take a holistic approach, leveraging years of experience when creating strategic roadmaps, planning technology deployments, and designing customer interfaces. PossibleNOW is purpose-built to help large, complex organizations improve customer experiences and loyalty while mitigating compliance risk.