How Many TCPA Violations Do I Have to Commit to Be Sued?

Type: Blog
Topic: Do Not Call Solution

Just one. That’s all it takes. Under the Telephone Consumer Protection Act (TCPA), a single violation—such as calling a number on the Do Not Call (DNC) Registry or sending an automated text without proper consent—can lead to a lawsuit. Consumers don’t have to prove damages, and violations often result in class action lawsuits, increasing financial exposure for businesses.

With fines of up to $1,500 per violation and the new FCC one-to-one consent rule now in effect, businesses must be more vigilant than ever. The best way to protect your company is by using a reliable compliance platform. PossibleNOW’s Do Not Call solution helps businesses scrub call lists, manage consent, and avoid costly TCPA penalties.

The Dangers of Professional Plaintiffs

The dramatic rise of mobile phone use combined with the lack of a requirement to show proof of actual damages and the TCPA’s unclear language of what constitutes an automated telephone dialing system (ATDS) has contributed to an unprecedented increase in class action lawsuits. 

Known plaintiffs make a living by purposely entrapping unsuspecting marketers. Individuals or entities purposely engage with companies, often through communication methods covered by the TCPA (such as telemarketing calls or unsolicited text messages) with the intention of creating a basis for a lawsuit. They may claim that they received unwanted communications in violation of the TCPA and seek damages in court.

Learn more about avoiding exploitative litigators.

What Triggers a TCPA Lawsuit?

TCPA lawsuits are often filed when businesses violate consumer privacy protections. Some of the most common triggers include:

• Calling or texting a number on the National DNC Registry without consent.
• Failing to obtain prior express written consent for auto-dialed calls, texts, or pre-recorded messages.
• Ignoring opt-out requests, even if prior consent was given.
• Calling outside of TCPA-approved hours (8 AM – 9 PM local time).
• Not identifying your business when making a call.

Consumers don’t need to file complaints with the Federal Communications Commission (FCC) or Federal Trade Commission (FTC)—they can sue directly. And plaintiffs’ attorneys aggressively target businesses that fail to follow TCPA rules, making compliance a high-stakes priority.

The Cost of Repeated TCPA Violations

One violation can lead to a lawsuit, but repeated violations exponentially increase financial risk. Businesses can face:

• $500 per violation for non-willful infractions.
• $1,500 per willful violation (if a business knowingly ignores TCPA rules).
• Class-action lawsuits, where multiple plaintiffs can sue for large amounts, even into the millions.
• Regulatory investigations, which can lead to even higher penalties.

For example, companies have been hit with settlements exceeding $10 million due to widespread TCPA violations. Even small businesses are vulnerable, as litigators target companies without strong compliance measures in place.

How to Prevent TCPA Lawsuits Before They Happen

Avoiding TCPA violations requires a proactive compliance approach:

• Regularly scrub call lists against federal and state DNC registries.
• Obtain and document consent for all telemarketing calls and texts.
• Honor opt-out requests immediately and maintain an internal DNC list.
• Train employees on TCPA rules and the new one-to-one consent requirements.
• Use a compliance platform that automates call list scrubbing, consent tracking, and compliance monitoring.

TCPA lawsuits are preventable, but only with the right tools and strategy. Don’t let one mistake turn into a costly lawsuit—invest in a solution that protects your business and keeps you compliant.

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.