TCPA Litigator Lists: What You Need To Know

Understanding the TCPA Litigator List is crucial for any organization navigating the legal landscape of telemarketing, as it helps avoid costly fines and legal issues related to the Telephone Consumer Protection Act.  

The Telephone Consumer Protection Act (TCPA) was enacted in 1991 by Congress. The TCPA was a response to consumer complaints directed at the Federal Communications Commission (FCC) regarding the use of automated telephone equipment, including dialing systems, use of prerecorded messages and text messages. This federal legislation provides guidelines for telemarketing practices, placing greater restrictions on the use of automated telephone equipment and requires the maintenance of enforceable Do Not Call (DNC) lists.   

There are many guidelines an organization needs to be aware of to remain compliant with TCPA regulations. Compliance risk is a major concern for businesses operating in industries like telemarketing, debt collection, and call centers. Failure to comply with regulations such as the Do Not Call (DNC) list, the Telephone Consumer Protection Act (TCPA), and collections guidelines can result in hefty fines, lawsuits, and damage to a company’s reputation. One key aspect that organizations need to be increasingly aware of are TCPA known litigator lists.  

A TCPA litigator list contains the names and phone numbers of associated case files of TCPA litigators, professional plaintiffs, and persons consistently involved with TCPA litigation. Contacting someone on this list could result in legal claims being filed against your organization, plus a mountain of fines, penalties and related legal troubles.   

Read on to learn more about TCPA litigator lists and how to avoid contacting someone on a TCPA litigator list.  

Known TCPA Litigators  

There is an established group of known serial litigators that specifically target and entice telemarketing and collections organizations into calling them to initiate a class action lawsuit. These litigators, sometimes referred to as “litigator sharks,” use the TCPA to their advantage to create egregious lawsuits against TCPA violators. These litigators have extensive knowledge of TCPA regulations, court precedents, and compliance strategies, making them experts in navigating TCPA litigation. Litigator sharks take advantage of the TCPA’s status as having the largest pay-outs in the history of American class action lawsuits and have been known to abuse the regulations to make TCPA litigation a big business, therefore someone you want to ensure you avoid in your outbound calling campaigns. 

Under the TCPA, you could be fined up to $500 per violation/call and up to $1500 per violation/call if it is proven that your organization willfully and knowingly violated any laws. There is no cap on statutory damages so thousands of dollars of violations can end up resulting in millions of dollars of penalties. Those fines and penalties do not include the potentially millions of dollars an organization will spend on legal fees in defending class-action lawsuits, as well as loss of goodwill and brand reputation that may result from being named as a defendant in such matters. Litigator sharks are aware most businesses would rather settle for a few thousand dollars than pay an abundance in court legal fees, so they are usually eager to settle for a quick payday.   

How to combat known litigators  

Approximately one-third of TCPA lawsuits originate from a small group of repeat serial plaintiffs and litigators. Organizations can protect their exposure to additional risk by having a comprehensive compliance program in place that identifies and blocks telephone numbers of known TCPA and collections litigators and professional plaintiffs associated with consumer protection-related matters found in state and federal court filings to minimize their exposure.   

With an automatic, real-time compliance solution, any calls being made to anyone associated with case files of TCPA litigators, professional plaintiffs, and persons involved with TCPA litigation will not be able to be dialed. Some organizations rely on DNC (Do Not Call) scrubbers to protect their organization from calling someone they shouldn’t, but those processes are not always efficient. Gryph for Compliance’s tier 1 carrier-grade network gets into the path of the call to block non-compliant interactions from any device, regardless of location, in real time.   

Are you ready to start your compliance journey? Contact Gryphon today to see how we can help.