TCPA violations carry penalties of $500-$1,500 per call or text. Here's everything your firm needs to know about compliant outreach to purchased leads.
The Telephone Consumer Protection Act continues to be one of the most litigated federal statutes, and law firms are increasingly finding themselves as defendants. TCPA violations carry penalties of $500 per violation ($1,500 for willful violations), and class actions can expose firms to millions in liability. Here's the complete guide to staying compliant.
Key Regulatory Changes in 2025-2026
- One-to-one consent: Consent given to one company cannot be shared with another. Each firm must have its own consent
- Stricter autodialer definitions: Clarified but still broad — be cautious with any dialing software
- Lead generator accountability: Non-compliant lead generators can expose purchasing firms to liability
- Revocation by any reasonable means: 'Stop' by text, email, voicemail, or verbal request = consent revoked
What You Must Do
- Verify your lead provider has TCPA-compliant consent processes with one-to-one consent
- Only text leads who provided explicit written consent specifically for text messaging
- Train everyone who contacts leads on TCPA basics
- Keep proof of consent for every lead you contact
- Honor opt-outs instantly — build a system to flag and suppress
- Only call between 8 AM and 9 PM in the lead's time zone
- Check the National Do Not Call Registry before calling
Texting: The Highest-Risk Activity
Text messaging is where most TCPA violations occur for law firms. Unlike phone calls, texting almost always requires prior express written consent — a higher standard than regular consent. Make sure your lead forms include a clear, conspicuous disclosure that the consumer is consenting to receive text messages, and that this consent is separate from general contact consent.
Record-Keeping Requirements
Maintain records of: the consent form or web form the lead completed (with TCPA language), the date and time consent was given, every contact attempt (date, time, number called, result), and any opt-out requests (date, time, method). These records are your defense in any TCPA action. Keep them for at least 5 years.
The cost of TCPA compliance is trivial compared to the cost of a TCPA class action. Invest the time to get it right, and you can focus on what matters — converting leads into clients.
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