What Is a TCPA Litigation Firewall?

Type: Blog
Topic: Do Not Call Solution

A TCPA litigation firewall is a term often used for a metaphorical defense mechanism to protect a company against known TCPA litigators. The ‘firewall’ refers to a comprehensive process that a business can rely upon to identify and remove known litigators with confidence. An end-to-end compliance process is intended to help businesses protect themselves from the financial and legal risks associated with Telephone Consumer Protection Act (TCPA) violations.

With the rise of litigation abuse, where opportunistic litigators target businesses for minor or unintentional violations, having a litigation firewall in place is critical for companies engaged in telemarketing or SMS marketing.

This firewall acts as a safeguard, filtering out high-risk phone numbers linked to known litigators and preventing calls or texts to individuals who could pursue costly lawsuits.

For businesses seeking to minimize TCPA litigation risks, PossibleNOW’s DNCSolution offers an all-in-one platform that not only helps companies stay compliant with TCPA regulations but also includes a comprehensive list of known TCPA litigators.

What Is TCPA Litigation Abuse?

TCPA litigation abuse refers to a growing trend where certain individuals, often referred to as “professional litigators,” exploit the TCPA for financial gain. These individuals intentionally place themselves on marketing lists or respond to telemarketing calls in order to sue businesses for alleged TCPA violations, often focusing on minor technicalities. In some cases, they target businesses that lack strong compliance measures, knowing they can secure large settlements or legal victories.

For businesses, TCPA litigation abuse is a serious concern. Even if the violation is unintentional, each TCPA lawsuit can result in fines of $500 to $1,500 per violation, with some cases escalating to class-action status.

A TCPA litigation firewall, like the one integrated into PossibleNOW’s Do Not Call solution, helps businesses identify and block interactions with known TCPA litigators, effectively reducing their exposure to these opportunistic lawsuits.

Key Features of a Strong TCPA Litigation Firewall

Here are some of the essential features of an effective TCPA litigation firewall:

• Litigator Database: The cornerstone of a strong TCPA litigation firewall is access to a database of known litigators. This allows businesses to filter out high-risk individuals before any communication takes place, significantly reducing the chances of a lawsuit.
• Real-Time Compliance Checks: A good firewall should perform real-time compliance checks, verifying customer consent and checking for opt-outs to prevent violations.
• Consent Management: Proper management of customer consents is crucial. This includes tracking opt-ins and opt-outs to guarantee that all communications align with customer preferences and legal requirements.
• Integration with Marketing Platforms: Seamless integration with existing marketing channels helps businesses maintain compliance across email, SMS, and phone communications. This feature helps prevent missteps that could lead to litigation.

With these elements in place, a TCPA litigation firewall can protect your business from both legitimate TCPA violations and abusive litigation tactics.

How DNCSolution Acts as a TCPA Litigation Firewall

By providing access to a vast list of known TCPA litigators, PossibleNOW’s DNCSolution gives businesses the tools to screen out high-risk individuals before making contact, thus lowering litigation exposure.

DNCSolution also offers a fully automated solution that manages customer preferences and opt-outs in real time. This automation reduces the chance of accidental violations and strengthens your company’s compliance efforts. Rather than reacting after a lawsuit is filed, businesses can proactively safeguard their operations and focus on meaningful customer engagement.

To stay compliant and avoid falling prey to TCPA litigation abuse, consider implementing DNCSolution as your TCPA litigation firewall. It’s a critical investment for any business that relies on telemarketing or multi-channel marketing to connect with customers.