If you send marketing text messages or make outbound calls in the United States, the Telephone Consumer Protection Act (TCPA) governs nearly every move you make. TCPA litigation hit an all-time high in 2024 with 2,788 cases filed — up 112% from the prior year — and average settlements now exceed $6.6 million. Understanding TCPA compliance in 2026 is no longer optional; it’s a survival requirement.

What Is the TCPA?

The Telephone Consumer Protection Act is a federal US law enacted in 1991 that restricts unsolicited telephone calls, auto-dialed calls, pre-recorded messages, and text messages to mobile phones. Violations carry fines of $500 to $1,500 per call or text, and the law allows class action lawsuits — meaning a single campaign sent to an uncleaned list can result in millions of dollars in liability.

The FCC enforces TCPA regulations and regularly updates its rules. 2025 brought significant new requirements including one-to-one consent rules that closed the “lead generator loophole” — changes that every marketer and call center must understand before running any outbound campaign in 2026.

Key TCPA Rules for 2026

Prior express written consent — required before sending marketing SMS or using auto-dialers to mobile numbers. Oral consent is not sufficient for marketing messages
One-to-one consent (effective 2025) — a consumer’s consent for one seller cannot be resold or shared with unrelated companies. Each company must obtain its own consent directly
Opt-out compliance — keywords such as STOP, QUIT, CANCEL, and UNSUBSCRIBE must be honoured within 10 days. FCC rules now explicitly codify these requirements
Reassigned number liability — calling a number reassigned to a new owner exposes you to TCPA risk even if the original owner gave consent. You must verify numbers are still assigned to the consenting party
Do Not Call Registry — scrub your lists against the National DNC Registry before every campaign. RealValidito’s DNC Lookup checks Federal DNC and TCPA litigator lists in a single call
TCPA litigator scrubbing — professional TCPA plaintiffs and attorneys actively seek out non-compliant businesses. Identifying and suppressing known litigators before outreach is essential

What Changed in 2025 and 2026

One-to-One Consent Rule

The FCC’s one-to-one consent rule, which took effect in January 2025, is the most significant TCPA change in years. Previously, a consumer checking a box agreeing to receive offers from “partners and affiliates” could technically consent to hundreds of companies at once. Under the new rule, consent must be obtained separately by each individual company that will contact the consumer. Businesses that relied on shared or purchased consent lists must rebuild their consent infrastructure.

Expanded Opt-Out Requirements

The FCC now requires businesses to maintain a company-wide suppression list. If a consumer opts out of one type of message (e.g. promotional SMS), that opt-out must be applied across all message types from that sender unless the consumer explicitly re-opts in to a specific category. Processing opt-outs within 10 business days is required by law.

State-Level Additions

Several states have enacted their own telemarketing laws that go beyond federal TCPA requirements. Florida, Oklahoma, and Washington have state-specific laws with stricter consent rules or lower fines thresholds. Always check state-level requirements in addition to federal TCPA compliance.

TCPA Risks and Validation Solutions

Every TCPA risk point has a corresponding validation solution. Here’s how phone number validation maps to TCPA compliance:

TCPA Risk	Validation Solution
Calling a landline with an auto-dialer	Line type check — confirm mobile before dialing
Texting a reassigned number	Carrier and porting status check
Contacting a DNC registrant	Federal DNC scrub before every campaign
Reaching a TCPA litigator	TCPA litigator database check
Contacting an inactive number	Active/inactive status check via carrier lookup
Consent mismatch on ported numbers	Carrier and portability check

RealValidito’s Phone Lookup and DNC Lookup are two separate services — both are required for full TCPA compliance. Phone Lookup confirms line type, carrier, and active status. DNC Lookup checks Federal DNC registration and TCPA litigator status. Run both before every outbound campaign.

How Often Should You Validate for TCPA Compliance?

The FCC processes tens of millions of number reassignments every year. A contact list that is 6 months old likely contains 3-5% reassigned numbers. Phone numbers are also ported between carriers constantly — carrier data stored in your CRM becomes stale quickly.

Action	Frequency
Phone number validation (line type, carrier, status)	At point of collection + every 30 days
Federal DNC scrub	Before every campaign, minimum every 31 days
TCPA litigator check	Before every campaign
Full list re-validation	Monthly for active lists, quarterly for dormant

TCPA Compliance Checklist for SMS Marketers

Collect and document prior express written consent at the point of opt-in
Store consent records with timestamp, IP address, and the exact consent language shown
Validate each collected number for line type, carrier, and active status using RealValidito Phone Lookup
Scrub your list against the Federal DNC Registry — update every 31 days minimum
Check numbers against TCPA litigator databases using RealValidito DNC Lookup
Remove VoIP and landline numbers from SMS campaigns — keep mobile only
Process opt-outs within 10 business days and maintain a company-wide suppression list
Log all consent records and keep them for at least 4 years
Re-validate your list before every major campaign send
Train your team on one-to-one consent requirements — no shared or purchased consent lists

TCPA Compliance for Call Centers

Call centers face additional TCPA exposure because of the volume of outbound calls they make. Key requirements for call centers in 2026:

Auto-dialer restrictions — any system that dials from a list or uses predictive dialing is considered an ATDS (Automatic Telephone Dialing System) under most court interpretations and requires prior express consent for mobile numbers
Calling hours — calls may only be made between 8am and 9pm local time of the called party
Do Not Call requests — must be processed within 30 days and maintained on a company-specific DNC list
Caller ID — must display a valid, working callback number
Pre-recorded messages — require written consent and must include an opt-out mechanism

Canada: CASL Is Not TCPA

If you contact numbers in Canada, CASL (Canada’s Anti-Spam Legislation) applies instead of TCPA. CASL requires express or implied consent, a clear unsubscribe mechanism, and identification of the sender in every message. For a full comparison, read our guide on CASL vs TCPA: Phone Marketing Compliance in Canada and the United States.

RealValidito’s phone validator identifies Canadian numbers and their carriers so you can apply the correct compliance framework automatically.

What Happens If You Violate TCPA?

TCPA violations carry serious consequences:

$500 per violation for unintentional violations
$1,500 per violation for knowing or willful violations
Class action lawsuits — a single campaign to 100,000 uncleaned numbers could result in $50 million+ in liability
FCC enforcement actions — including cease-and-desist orders and additional fines
Reputational damage — TCPA lawsuits are public record and can damage customer trust

RealValidito’s DNC Lookup significantly reduces TCPA lawsuit risk, but cannot completely eliminate it. Always consult a qualified attorney for legal advice specific to your business and state.

Validate Phone Numbers Before Every Campaign

RealValidito’s Phone Lookup API checks US and Canada numbers for line type, carrier, porting status, and active/inactive status. Our separate DNC Lookup checks Federal DNC registration and TCPA litigator status. Both services update daily and are available via API or CSV upload.

Start with 1,000 free credits — no credit card required.

Related Resources

call center compliance, DNC scrubbing, phone compliance, SMS compliance, TCPA 2026, TCPA compliance

TCPA Compliance 2026: The Complete Guide for Marketers and Call Centers