Defending Your Business Against TCPA Claims – A Lawyer’s Perspective
If your business sends texts, makes marketing calls, or leaves voicemails to prospective customers, the Telephone Consumer Protection Act (TCPA) is something you need to know about.
In plain terms, the TCPA sets the rules for how—and when—you can contact people by phone or text. It’s meant to protect consumers from getting spammed by telemarketers. But here’s the thing: even well-meaning small businesses can accidentally run afoul of it and end up facing serious fines or lawsuits.
Even where you may technically be acting within the requirements of the TCPA, there are predatory law firms looking to make a quick buck by threatening a lawsuit on behalf of someone you may have contacted.
So how do we avoid running into these issues and what do we do if we’re targeted by one of these firms?
Let’s walk through what you need to know.
The Basics: What the TCPA Requires
Whether you’re sending appointment reminders, promotional texts, or follow-up calls, here are the key TCPA rules to keep in mind:
Get consent first: You must get permission before you call or text someone. For marketing messages, that consent has to be in writing (electronic signatures are fine).
Stick to the right hours: Only contact people between 8:00 AM and 9:00 PM in their time zone—not yours.
Be upfront about what you’ll send: If someone opts in, make sure they know what kinds of messages to expect, how often they’ll get them, and how to stop them.
Make opting out easy: Always offer a simple way for someone to unsubscribe. For texts, that usually looks like: “Reply STOP to unsubscribe.”
Even if your message is purely informational (like a reminder or confirmation), you still need at least verbal or written consent.
What Are the Legal Risks?
An easy mistake to make is failing to recognize a consumer’s time zone and contacting them outside of the approved timeframe due to their local time differing from your own. For example, if a small business in New York sends a promotional text message (that they already have written consent for) at 9:00AM eastern time, and it’s received by a consumer in California at 6:00AM, that business could become the target of a TCPA claim.
Another thing to watch out for is ensuring that you have a clear and simple opt-out mechanism for consumers to use whenever they please. The safest way to avoid complications is to include the option at the end of each phone call (ask verbally) or text message that you send (e.g., “Reply ‘STOP’ to opt out.”). Make sure you are complying with Opt-Out requests.
What Happens if Someone Brings a Claim Against You?
Under the TCPA, consumers can sue businesses directly—and they often do. Some lawsuits are legitimate. Others are brought by so-called “TCPA trolls”—lawyers or consumers who go looking for slip-ups just to cash in on settlements.
Each violation can cost $500 to $1,500, depending on whether it was a mistake or something more deliberate. That means even a minor misstep in a mass text campaign can lead to a major legal headache.
The good news? If it’s a first-time mistake and you can show you were trying to follow the rules (like having a TCPA policy, training staff, and keeping good records), courts may reduce the penalties.
In these cases, you should be prepared to present evidence of preexisting compliance procedures, such as an internal TCPA Compliance policy or regular observation of the Do Not Call Registry.
What You Should Do Next
Here are a few smart steps to get your business on the right track:
✅ Review your contact lists – Make sure you have proof of consent for every person you message.
✅ Check the Do Not Call Registry – You should be scrubbing your lists against it at least once a month.
✅ Keep your own internal “do not contact” list – If someone opts out, make sure they stay opted out.
✅ Document your policies – Keep records of any staff training, compliance steps, and procedures you follow. If a problem comes up, this helps show you were acting in good faith.
✅ Be Mindful of when you are sending message – Avoid early or late texts and be mindful of time zone changes. Work with your marketing vendors to ensure they have safeguards in place.
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