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. 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. The law also 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. One-to-one consent — the FCC’s proposed rule was vacated in January 2025 (see below).
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 — the FCC’s proposed rule was vacated in January 2025 (see below)
- Opt-out compliance — keywords such as STOP, QUIT, CANCEL, and UNSUBSCRIBE must be honored within 10 business days (FCC rule since April 11, 2025)
- 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 DNC screening data 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 proposed one-to-one consent rule was vacated by the 11th Circuit Court of Appeals in January 2025 and did not take effect. Many businesses still collect consent per seller as good practice. This is general information, not legal advice; consult an attorney.
Expanded Opt-Out Requirements
Since April 11, 2025, the FCC requires businesses to honor a consumer’s opt-out (for example, replying STOP), made by any reasonable means, within 10 business days. A broader ‘revoke-all’ rule — one opt-out covering every type of message from a sender — was delayed and revised by the FCC in 2026; check its current status with your attorney. This is general information, not legal advice.
State-Level Additions
Several states have enacted their own telemarketing laws that go beyond federal TCPA requirements. Florida, Oklahoma, and Washington have state laws with stricter rules than the federal TCPA. 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 | Check the FCC Reassigned Numbers Database before calling or texting (RealValidito does not check reassignment). |
| Contacting a DNC registrant | Federal DNC scrub before every campaign |
| Reaching a TCPA litigator | TCPA litigator database check |
| Contacting an inactive number | Valid/Invalid status check (carrier assignment) via carrier lookup |
RealValidito’s Phone Lookup and DNC Lookup are separate services (or use Phone + DNC Lookup for both in one check). Using both supports your TCPA compliance; they do not replace consent or legal advice. Phone Lookup confirms Valid/Invalid status, line type and carrier. DNC Lookup checks DNC screening data and TCPA litigator status. Run both before every outbound campaign.
How Often Should You Validate for TCPA Compliance?
According to the FCC, about 35 million US phone numbers are disconnected each year. A contact list that is 6 months old may contain a noticeable share of 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 Valid/Invalid status, line type and carrier 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
- Keep a company-wide opt-out (suppression) list as good practice, and honor every opt-out within 10 business days.
- Log all consent records and keep them for at least 4 years
- Re-validate your list before every major campaign send
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 — since the Supreme Court’s Facebook v. Duguid decision (2021), an ATDS (Automatic Telephone Dialing System) under federal law must use a random or sequential number generator; some states define autodialers more broadly. Get prior express consent before automated calls or texts to mobile numbers and check the state rules that apply to you
- Calling hours — calls may only be made between 8am and 9pm local time of the called party
- Do Not Call requests — must be honored within 10 business days (FCC rule since April 11, 2025) and kept 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:
- Consumer lawsuits — Under the TCPA, consumers can sue for up to $500 per violation, or up to $1,500 if the violation was willful. A DNC claim generally needs more than one call within 12 months. Separately, the FTC can seek civil penalties under the Telemarketing Sales Rule (the amount is adjusted for inflation each year).
- 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 helps reduce TCPA 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, and Valid/Invalid status. Our separate DNC Lookup checks DNC screening data and TCPA litigator status. Both services are available via API or CSV upload.
Start with 1,000 free Phone credits and 100 free DNC credits — no credit card required.