TCPA Litigator
TCPA Litigator Meaning: definitions and implications
The term “TCPA litigator” refers to individuals or entities that specialize in initiating legal actions under the Telephone Consumer Protection Act (TCPA). Some have been known to exploit gray areas or loopholes in telemarketing regulations and customer communication practices and then sending legal demand letters for settlement or risk legal action.
Businesses could be at risk if they do not review or respond to demand letters or lack comprehensive compliance measures to defend or push back on frivolous accusations.
Statutory penalties can reach up to $1,500 per violation, and strict liability regulations mean that even unintentional mistakes can result in substantial financial penalties. To protect themselves from aggressive tactics used by serial TCPA litigators, companies that engage in outbound calling and messaging should proactively identify and avoid outreach to known TCPA litigators .
Common strategies employed by TCPA litigators
Some serial TCPA litigators employ various strategies to initiate legal action, including:
- Using personal phone numbers as business lines to claim TCPA violations upon contact.
- Giving consent for a call, then returning it from an unauthorized number to elicit further communication (also known as “Call Seeding”).
- Permitting multiple calls to accumulate violations, which results in an increase in potential damages.
- Buying prepaid phones that have recycled numbers in order to claim they are receiving unsolicited calls.
These tactics take advantage of gray areas or weaknesses in TCPA regulations and previous case law, especially when real-time consent documentation and number scrubbing mechanisms are lacking.
Understanding TCPA litigator meaning for businesses
TCPA litigators often target businesses particularly in sectors like financial services, insurance, home services, and travel, which depend heavily on high-volume calling. Companies with a history of TCPA violations are at greater risk, as are those with unclear opt-in language in their consent forms. Additionally, businesses using third-party call centers can be held accountable for any TCPA infractions committed by their vendors.
Companies engaged in outbound calling operations must establish a strong compliance framework to reduce legal exposure and protect against TCPA litigation risks.