Thanksgiving Campaigns Gone Wrong: Common TCPA Violations in Holiday Marketing

As the holidays draw near, be especially cautious of common TCPA violations in holiday marketing. The holiday season is the busiest—and riskiest—time of year for marketing. As you rush to send “exclusive” Thanksgiving offers and early Black Friday deals, don’t forget that good intentions don’t exempt you from federal regulations. The Telephone Consumer Protection Act (TCPA) doesn’t take holidays off, and each noncompliant call or text could cost up to $1,500 per violation.

If your holiday outreach strategy involves mass texting, prerecorded calls, or retargeting customers, it’s time for a quick compliance check before your Thanksgiving campaign becomes a cautionary tale. Here is a list of common TCPA violations in holiday marketing to remember this year as well as tools you can use to help keep you compliant.

5 Common TCPA Violations in Holiday Marketing

Only Turkeys Text without Express Consent!

The most common TCPA violations in holiday marketing happen around Thanksgiving when businesses text every contact in their database to share a “special offer.” The problem? Unless each person has given prior express written consent, those promotional texts count as unsolicited advertisements under the TCPA.

Recently, Albertsons Companies was hit with a $5.95 million settlement after sending automated sale texts to customers who hadn’t opted in. Even one stray message can trigger a lawsuit, especially when it’s sent via autodialer or includes a promotional link.

Tip: Use double opt-in methods and maintain timestamped records of consent. Make sure every Thanksgiving or Black Friday campaign list includes only subscribers who’ve agreed to receive marketing messages.

Don’t For-Gobble about Opt-Out Options!

TCPA requires all marketing texts to include a clear and easy opt-out mechanism. However, many holiday campaigns still miss this step. A simple oversight like omitting “Reply STOP to unsubscribe” can transform a friendly message into a compliance disaster.

Tip: Test your campaign before launching to ensure every message includes a functioning unsubscribe command. Make sure opt-out requests are honored immediately and don’t make any excuses, even during peak shopping hours.

An Abundance of Automation: Don’t Make Automated Calls without Consent!

Some companies rely on prerecorded holiday greetings or automated voice messages to reach customers. But under the TCPA, these types of calls require explicit consent, especially if they’re promotional.

In 2025, a $4.1 million settlement resolved a class action lawsuit against Truist Bank over allegedly illegal prerecorded phone calls made to almost 6,000 cell phone numbers about an unrelated bank account. The problem? The users of those phone numbers had not provided consent. 

Even launching a Thanksgiving “thank-you call” campaign using a prerecorded message can be problematic if it includes a pitch for new services. Don’t wait until thousands of calls later to realize the mistake or you could be facing a class action lawsuit for common TCPA violations in holiday marketing.

Tip: If your message includes any promotional content, obtain written consent. Use live representatives or personalized outreach for general appreciation messages.

Nap Time! Don’t Call or Text Outside Permitted Hours

Even legitimate, consented messages can run afoul of the law if sent at the wrong time. TCPA regulations restrict calls and texts to between 8 a.m. and 9 p.m. (recipient’s local time).

During the holidays, when marketers run national or multi-time-zone campaigns, messages often slip through at midnight in another state. This is a major compliance risk.

Tip: Automate scheduling tools to respect local time zones. Verify your platform can detect and block out-of-window sends.

Table Calls to Numbers on DNC Registries

Many businesses assume the National Do Not Call (DNC) registry only applies to cold calls. But it also covers promotional texts. If your Thanksgiving promo goes to a number on the DNC list, it’s a clear violation unless you have documented consent.

Tip: Regularly scrub your contact lists against federal and state DNC registries and maintain up-to-date internal do-not-call records.

How to Serve a TCPA-Compliant Holiday Campaign

Fortunately, there is a simple checklist you can use to avoid common TCPA violations in holiday marketing:

• Review all opt-in records before sending promotional texts or calls.
• Include clear opt-out instructions in every message.
• Use reputable texting platforms that maintain compliance logs.
• Segment your audience to thank customers personally and reserve promotions for those who opted in.
• Consult compliance professionals or TCPA attorneys if you’re unsure about your campaign design.

Before launching your Thanksgiving marketing campaign, take these proactive steps to stay on the right side of the law.

Tools for the Perfect Compliance Recipe

Managing TCPA compliance doesn’t have to be overwhelming. Platforms like Searchbug make it easy to verify contacts, scrub lists, and ensure every message meets legal requirements before you hit send. Searchbug offers a number of solutions that can help you avoid common TCPA violations in holiday marketing:

DNC List Scrubbing: This complete TCPA compliance service checks if a phone number is on the Federal or State Do Not Call (DNC) lists, if it has previously complained to the FTC (DNC complainer), or if it has been involved in TCPA Litigation. Instantly check your contact lists against the National Do Not Call Registry and internal DNC databases to avoid restricted numbers.

Wireless vs. Landline Identification: Searchbug’s Advanced Line Type API reports whether a number is a mobile or landline. This is crucial for determining if text marketing requires prior express written consent and maximizes TCPA compliance accuracy.

Phone Number Validation: Clean up outdated or incorrect phone numbers to reduce delivery errors and minimize risk with bulk phone validator. This tool also identifies line type in real time and can also detect if numbers are active or disconnected.

Automated Integrations: API solutions allow you to incorporate compliance checks directly into your CRM or marketing workflow, ensuring every outreach effort stays within TCPA compliance boundaries.

Whether you’re preparing a Thanksgiving “thank-you” campaign or gearing up for Black Friday promotions, running a quick Searchbug compliance check can save your business from costly penalties. Keep your marketing as trustworthy as your message of gratitude.

Compliance is Something to Be Thankful For

The holidays are about gratitude and connection. But TCPA lawsuits can quickly spoil the season. A little extra care in your Thanksgiving outreach goes a long way toward protecting your business reputation (and your wallet). By putting consent and transparency first, you can ensure your campaign properly gives thanks without lawyers hunting you down. 

Avoid common TCPA violations in holiday marketing and make sure it’s only the turkey that gets cooked this year!