10 Common TCPA Violations and Actionable Tips to Avoid Falling Into a Trap 

The Telephone Consumer Protection Act (TCPA), passed in 1991, was meant to stop unwanted robocalls, texts, and faxes from overwhelming consumers. Over 30 years later, it’s still one of the strictest rules businesses must follow when contacting customers. Yet many teams, even the well-meaning ones, still violate it. Actually, there are 10 common TCPA violations businesses fall into.

These 10 mistakes aren’t always intentional. Often, they come from relying on outdated contact lists, rushing to meet campaign deadlines, or simply misunderstanding what the law requires. However, TCPA penalties are serious, and ignorance doesn’t reduce the risk.

10 Common TCPA Violations Businesses Fall Into   

Even with clear rules in place, many businesses still run into TCPA trouble. These violations usually stem from outdated processes, missing data checks, or unclear consent. Here’s a breakdown of the most frequent mistakes—and how to avoid them.

Common TCPA Violation #1: Calling Numbers on the National Do Not Call List 

The federal Do Not Call (DNC) Registry is one of the most basic compliance checkpoints. If a consumer’s number is listed, you’re not allowed to call them for marketing unless you have clear, written permission. Even if you called them in the past, that doesn’t give you a permanent pass.

Why it happens:

Businesses sometimes buy third-party lead lists that haven’t been scrubbed. Others reuse old lists without checking them against the DNC Registry.

What to do instead:

• Scrub your outbound list against the National DNC Registry every 31 days
• Maintain your own internal DNC list for anyone who directly asked you not to call
• Automate your dialer to block numbers on these lists

Each call to a DNC-listed number can bring its own fine—so mistakes add up fast.

Common TCPA Violation #2: Ignoring State-Specific Do Not Call Laws 

Besides the federal registry, 13 states have their own DNC lists. Many also impose unique rules like telemarketer registration, fees, or disclosure requirements. Ignoring state-level compliance could put your company at risk even if you pass the federal checks.

Why it happens:

Many assume the National Registry covers everything. It doesn’t.

What to do instead:

• Use a DNC scrubbing tool that includes state-level checks
• Stay updated on each state’s rules—some are stricter than the TCPA
• Document your compliance process in case of a state audit

If your contact list includes multiple states, this step is non-negotiable.

Common TCPA Violation #3: Sending Robocalls or Automated Texts Without Consent   

Robocalls and automated texts can’t be sent for marketing unless the recipient gave prior express written consent. That means a clear opt-in—no pre-checked boxes or confusing fine print.

Why it happens:

Sometimes, companies use vague language in their sign-up forms or fail to store consent records properly.

What to do instead:

• Use clear opt-in language explaining how and why you’ll contact them
• Make sure the customer gives explicit permission to receive automated outreach
• Keep records of when and how they opted in, including IP addresses and timestamps

Consent needs to be specific, stored, and accessible.

Common TCPA Violation #4: Calling Outside of Permissible Hours 

Telemarketing calls can only be made between 8:00 AM and 9:00 PM in the local time zone of the person receiving the call. Violating this timeframe rule—even accidentally—can lead to fines.

Why it happens:

Time zone misalignment is common, especially for teams based in one region calling nationwide.

What to do instead:

• Use a time zone API that matches phone numbers to local time zones
• Set up your dialer to automatically block off-hour calls
• Include training on time zone awareness for your sales or customer service teams

This can be fixed with one line of automation in your system.

Common TCPA Violation #5: Sending Promotional Texts Without Opt-In 

Just like with calls, sending marketing texts requires clear written consent. Adding someone to your SMS list because they made a purchase or gave a number for shipping updates isn’t enough.

Why it happens:

Businesses often think collecting a phone number implies permission to market. It doesn’t. Just take it from Circle K’s TCPA Violation.

What to do instead:

• Implement double opt-in processes for SMS
• Disclose what kind of texts you’ll send and how often
• Give users a clear way to unsubscribe

Consent must be explicit, documented, and tied to the actual purpose of communication.

Common TCPA Violation #6: Not Handling Opt-Out Requests Properly 

As of April 11, 2025, new FCC rules require honoring opt-outs sent using common keywords like “UNSUBSCRIBE,” “STOP,” “CANCEL,” “REMOVE ME,” etc. Moreover, you must process them within 10 business days and can’t require specific wording or complicated instructions.

Why it happens:

Some businesses set up filters for exact words and ignore anything else. Others delay list updates.

What to do instead:

• Program your system to recognize a broad range of opt-out terms
• Send confirmation messages to confirm the removal
• Make sure your system removes users from marketing lists instantly

Failing to respect opt-outs opens you up to lawsuits and regulatory action.

Common TCPA Violation #7: Not Identifying Yourself on the Call 

Every marketing call must state who’s calling, on whose behalf, and how the recipient can contact you. This applies to both live calls and automated messages.

Why it happens:

Reps may skip intros to avoid hang-ups, or companies may use caller ID tags that don’t clearly show the business name.

What to do instead:

• Train your team to use a consistent, compliant introduction
• Make sure caller ID shows a recognizable name or number
• Leave contact details in voicemails or recorded messages

Transparency is a legal requirement—not a best practice.

Common TCPA Violation #8: Faxing Ads Without Prior Consent 

Fax marketing isn’t exempt from TCPA. Sending advertising by fax without consent—even to another business—is still a violation.

Why it happens:

There’s a common belief that fax communication doesn’t need prior permission. That’s incorrect.

What to do instead:

• Get signed consent before sending faxes
• Include opt-out instructions on every fax
• Maintain and regularly update an internal do-not-fax list

TCPA still treats fax violations seriously—even if it seems outdated.

Common TCPA Violation #9: Contacting Reassigned Numbers 

If a phone number changes ownership and the new owner didn’t give consent, contacting them is a violation—even if you had prior permission from the previous owner of the number.

Why it happens:

Phone numbers often get recycled, but businesses don’t check for reassignment.

What to do instead:

• Use a Reassigned Numbers Database API to verify number ownership
• Re-confirm consent if a contact has gone inactive
• Routinely scrub lists to remove outdated numbers

Old permissions don’t carry over to new users.

Common TCPA Violation #10: Not Monitoring Outsourced Telemarketing Vendors 

Even if you outsource your outbound campaigns, did you know you can still be liable if your vendor violates TCPA? It is called vicarious liability.

Why it happens:

Businesses assume vendors take care of compliance. Many don’t.

What to do instead:

• Add compliance clauses to vendor contracts
• Audit vendor call practices regularly
• Require proof that they scrub lists, follow time zones, and honor opt-outs

You can’t outsource legal responsibility—even if you outsource the calls.

3  TCPA Compliance Tools Businesses Should Use   

Technology can help eliminate human error. These tools automate some TCPA compliance processes to help ensure your contact list, call timing, and permissions stay compliant.

 1. Phone Number Time Zone API 

The Advanced Phone Validation API with Timezone detection identifies the local time of each phone number on your list. It’s built to prevent illegal calls outside of TCPA-allowed hours. It also provides other information, such as line type identification (cell phone/landline/voip), with up to 99% accuracy.

Features:

• Flags the local time zone of each number
• Provides details about the location and state of a phone number
• Detects mobile, landline, VOIP
• Verifies if the number is still active

Why Choose Searchbug?

Searchbug’s API provides real-time, reliable time zone detection and adds insight into line type and location. Integrating into your system or CRM is easy and works in bulk or by a single API query.

 2. DNC Scrub API 

This tool checks phone numbers against the National DNC Registry, state DNC lists, and flags known TCPA litigators and DNC complainers.

Features:

• Checks numbers against Federal DNC
• Checks numbers in all 13+ state DNC lists
• Flags TCPA Litigators and DNC complainers

Why Choose Searchbug?

Searchbug’s DNC Scrub API doesn’t stop at the federal list. It goes further to catch hidden risks that typical tools don’t cover. This helps you avoid contacts that could lead to disputes or lawsuits.

 3. Reassigned Numbers Database API 

This API lets you verify whether the person who gave consent is still the owner of the number.

Features:

• Connects to the FCC’s official RND
• Identifies reassignments in real-time
• Prevents accidental outreach to new number owners
• Gives you “Safe Harbor” Protection

Why Choose Searchbug?

Searchbug gives you direct, user-friendly access to the FCC-approved database with simple documentation and support for integration. Whether you run batch or individual checks, it fits your workflow. Learn more about RND API.

Key Takeaway   

Most TCPA violations happen not because businesses don’t care—but because they don’t have the right tools in place. A single call or text to the wrong number can result in a violation that can hurt your business.

Whether you’re running a call center, managing sales outreach, or just sending text updates, it’s your job to ensure every contact is compliant. Start by reviewing the 10 violations in this blog. Then use automated tools to double-check for DNC status, time zones, reassigned numbers, and consent.

Searchbug makes it easier. Our suite of APIs and scrubbing tools helps businesses avoid a TCPA violation and stay compliant without overhauling their tech stack.

Register for a FREE API Test Account and test it out before you commit. These tools protect you from legal issues, save time, reduce wasted outreach, and improve the quality of your marketing results.