How to Avoid TCPA Litigators and DNC Complainers in Telemarketing   

Telemarketing remains one of the most effective ways businesses connect with potential customers. However, it is also one of the most heavily regulated industries, and failing to comply with telemarketing laws can result in hefty fines, lawsuits, and damage to your company’s reputation.

Many businesses believe that following standard compliance practices is enough to avoid trouble. Unfortunately, some individuals actively seek out violations to file lawsuits or regulatory complaints, turning minor mistakes into major financial and legal issues.

These individuals fall into two categories: TCPA litigators and DNC complainers. Your business may be at risk if you are not screening for them.

Understanding who they are, how they operate, and how you can protect your business is critical for running a successful, compliant telemarketing campaign.

Who Are TCPA Litigators?   

TCPA litigators are individuals who have been involved in lawsuits concerning telemarketing regulation violations as it relates to the Telephone Consumer Protection Act (TCPA). They could be professional plaintiffs or individuals involved in TCPA-related class-action lawsuits.

Common TCPA Violations That Lead to Lawsuits 

1. Calls or Texts to Numbers Listed on the National Do Not Call Registry

One of the most common Telephone Consumer Protection Act (TCPA) violations occurs when businesses contact individuals who have registered their phone numbers on the National Do Not Call (DNC) Registry.

This registry, maintained by the Federal Trade Commission (FTC), allows consumers to opt out of receiving unsolicited telemarketing calls and texts. It is enforced by the FTC, the Federal Communications Commission (FCC), and state regulatory agencies.

Businesses that fail to screen their contact lists against the DNC Registry may face significant fines and legal consequences, especially if they engage in repeated violations.

2. Unsolicited Calls to Residential and Mobile Numbers

Under FCC regulations, making unsolicited calls to residential or mobile numbers without prior consent is a common TCPA violation. Businesses must have express written consent or a valid existing business relationship before contacting consumers.

An existing business relationship (EBR) applies when a consumer has purchased a product, used a service within the past 18 months, or made an inquiry in the past three months. If a company calls a consumer beyond this timeframe without obtaining renewed consent, regulators consider it a TCPA violation.

3. Unsolicited Text Messages to Mobile Numbers

Similar to unsolicited calls, sending marketing or promotional text messages to consumers without prior consent violates TCPA regulations. Businesses must obtain explicit written permission before adding individuals to SMS marketing lists or sending promotional texts.

This consent must be clearly documented and stored as proof of compliance. Acceptable methods include:

• A digital or physical signature confirming the recipient agrees to receive texts.
• A checkbox on an online form, where the consumer actively selects their preference.

Important: The checkbox cannot be pre-checked—the consumer must manually opt-in. Businesses that fail to obtain proper consent before sending marketing texts risk legal action and hefty fines under TCPA guidelines.

How TCPA Lawsuit Baiting Works   

Some TCPA litigators actively create situations where businesses unknowingly violate the law.

For example:

• A litigator opts into a company’s marketing list and waits for a call or text, then claims no consent was given before filing a lawsuit.
• Some register multiple phone numbers with different companies to increase the number of violations they can claim.
• Others switch their landline numbers to mobile numbers, knowing that calls to mobile numbers are more strictly regulated under TCPA.

Each violation can result in a $500 to $1,500 fine per call or text. Businesses making thousands of calls per day could face multi-million-dollar penalties if they fail to screen for litigators.

Who Are DNC Complainers?   

DNC complainers do not necessarily file lawsuits. Instead, they report businesses to the Federal Trade Commission (FTC) or other regulatory agencies when they receive unwanted calls.

While some consumers genuinely feel frustrated, others actively monitor businesses for violations. Their complaints can trigger investigations, fines, and regulatory actions that may restrict your ability to engage in telemarketing.

Common DNC Complaints 

1. Calling Numbers Listed on the National Do Not Call (DNC) Registry

The National DNC Registry is a government-managed list that allows consumers to opt out of receiving telemarketing calls. Calling numbers on this list without prior written consent or a valid business relationship violates federal regulations. It can result in consumer complaints, fines, or legal action.

2. Failing to Honor Opt-Out Requests

Companies must immediately remove consumers who withdraw their consent to receive marketing calls from their call lists. If a business continues to contact them after an opt-out request, it can lead to DNC complaints, regulatory penalties, and potential lawsuits.

3. Calling Consumers Under the Pretense of an “Exemption” That Does Not Apply

Some businesses attempt to misuse exemptions to justify calling restricted numbers, such as misclassifying sales calls as “informational” or assuming a prior transaction grants indefinite consent. Misinterpreting or falsely claiming exemptions can result in consumer complaints and legal consequences.

How DNC Complaints Can Lead to Regulatory Action   

• The FTC and FCC actively track complaints and flag businesses that generate high complaint volumes.
• A pattern of complaints can trigger formal investigations and audits.
• If regulators find a business in violation, they can fine, sue, or even ban it from telemarketing.

Failing to screen out DNC complainers for businesses that rely on cold calling can have severe financial consequences.

How TCPA Litigators and DNC Complainers Differ   

While TCPA litigators seek financial settlements, DNC complainers focus on regulatory enforcement. Both groups present risks that can harm businesses if not addressed proactively.

What Happens If You Don’t Screen Out High-Risk Numbers?   

Failing to detect these individuals before making calls can have severe consequences, including:

1. Legal and Financial Risks

• TCPA fines: $500 to $1,500 per violation
• DNC violations: Up to $43,792 per call
• Class-action lawsuits that result in millions in settlements

2. Reputation Damage

• Negative press from lawsuits and complaints
• Customers lose trust, leading to higher opt-out rates

3. Regulatory Investigations

• The FTC & FCC closely monitor businesses with repeated complaints
• Companies that fail audits or violate regulations may lose telemarketing privileges

4. Loss of Marketing Resources

• Legal fees and compliance costs eat into profits
• Time spent dealing with lawsuits reduces sales and marketing efficiency

Without proactive compliance measures, businesses may end up spending more time fighting lawsuits than generating sales.

TCPA Compliance Tools to Screen Out High-Risk Numbers   

The best way to prevent legal and financial risks is to use tools that detect high-risk numbers before calling. Businesses making outbound calls must ensure compliance with TCPA regulations by screening phone numbers before dialing.

1. Searchbug’s Phone Validator with DNC & TCPA Check 

A compliance solution that helps businesses detect and remove high-risk phone numbers before outreach begins.

Key Features:

✔ TCPA Litigator Screening – Identifies numbers linked to known litigators

✔ DNC Compliance Check – Flags numbers listed on federal & 13 state DNC registries

How It Works:

1. Bulk upload your contact list for validation
2. Receive a detailed report identifying high-risk numbers
3. Remove flagged contacts before launching campaigns

Need real-time validation? API integration is also available for continuous compliance.

2. Reassigned Numbers Database API (RND API) 

The Reassigned Numbers Database (RND) API checks if a phone number has been permanently disconnected or reassigned after a consumer provided consent, allowing businesses to comply with TCPA regulations. This prevents accidental calls or texts to individuals who never opted in, reducing the risk of DNC violations and TCPA lawsuits.

How Searchbug’s RND API Works:

When you query a phone number, the API returns one of three responses:

• YES – The number has been permanently disconnected or reassigned on or after the date of consent. This means safe harbor protections do not apply, and contacting this number could result in compliance violations. Businesses should remove this number from their call lists.
• NO – The number has not been permanently disconnected or reassigned after the date of consent. Safe harbor may apply, meaning the number still belongs to the original consumer, and businesses can legally contact them.
• NO_DATA – The number was not permanently disconnected, and the consumer’s date of consent was before January 27, 2021. Safe harbor protections do not apply, so businesses should proceed with caution when reaching out to this contact.

Additional TCPA Compliance Best Practices   

1. Keep Detailed Consent Records

• Require explicit written consent before calling or texting.
• Store time-stamped opt-in data in case of legal disputes.

2. Use a Reliable Number Validation Service

• Verify phone type, ownership, and risk factors before outreach.
• Detect reassigned or disconnected numbers to avoid non-compliance.

3. Regularly Update Call Lists every 30 days

• Remove inactive, risky, or outdated contacts.
• Ensure DNC registrants are excluded from telemarketing campaigns.

4. Train Sales and Telemarketing Teams

• Educate employees on TCPA and DNC regulations.
• Implement clear scripts that follow compliance rules.

By following these best practices, businesses can reduce compliance risks while improving outreach success.

Final Thoughts  

Telemarketing should be an opportunity for business growth, not a legal liability.

Failing to detect TCPA litigators and DNC complainers can result in lawsuits, complaints, and regulatory fines that can penalize businesses. Searchbug’s Phone Validator helps companies launch marketing campaigns without fear of lawsuits confidently or compliance violations.

Take action now. Register for a FREE API Test Account and ensure your telemarketing efforts remain safe, legal, and profitable using Searchbug’s TCPA Compliance tools!