LITIGATION PREVENTION

TCPA Lawsuit Risk: Are You Exposed?

A single SMS sent without proof of consent can trigger a $500 fine. A class action can cost millions. Learn how to bulletproof your campaigns against predatory litigation.

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The Multi-Million Dollar Mistake

The Telephone Consumer Protection Act (TCPA) is a federal statute that allows consumers to sue businesses for unsolicited calls and texts. "Professional plaintiffs" and class-action attorneys target businesses with technical compliance gaps, seeking statutory damages that can bankrupt a company.

Negligent Violation $500 per message
Willful Violation $1,500 per message
Class Potential Uncapped Aggregate

Top Litigation Triggers

Insufficient Consent

Relying on "implied" consent from a purchase or using pre-checked boxes on web forms.

Reassigned Numbers

Texting a number that has been reassigned to a new owner who did not give consent.

Revocation Failure

Failing to honor a "STOP" request immediately, or making it difficult to opt out.

Building Your Legal Shield

The only defense against a TCPA claim is proof of prior express written consent. MyTCRPlus helps you generate, store, and retrieve this proof.

  1. 1

    Implement Explicit Opt-In

    Update all web forms to include an unchecked box with the mandatory legal disclosure text. No hidden terms.

  2. 2

    Capture Digital Proof

    Store the timestamp, IP address, and exact URL where consent was given for every subscriber. This is your "Golden Record."

  3. 3

    Scrub for Risks

    Regularly check your list against the Reassigned Numbers Database (RND) and the National Do Not Call (DNC) registry.

Mandatory Disclosure Language

Your opt-in form MUST include this specific language to be considered valid "written consent" by courts and carriers.

"By checking this box, I agree to receive recurring automated marketing text messages (e.g. cart reminders) from [Brand Name] at the phone number provided. Consent is not a condition to purchase. Msg & data rates may apply. Msg frequency varies. Reply HELP for help and STOP to cancel. View our Privacy Policy and Terms of Service."
Sender ID Automation Disclosure Cost Warning Opt-Out Method

Preventing Class Actions

Litigators look for easy targets. Don't be one.

Never Buy Lists

Purchased data is the fastest way to get sued. Consent is not transferrable.

Update Policies

Ensure your Privacy Policy has the "No Sharing" clause for SMS data.

Keep Records

Retain consent data for at least 4 years (statute of limitations).

Bulletproof Your Compliance

Don't leave your business exposed. Validate your opt-in language and privacy policies today with our free tools.

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Frequently Asked Questions

Does 10DLC registration stop lawsuits?
No. 10DLC prevents carrier blocking, but it does not grant legal immunity. You can be registered and still get sued if you don't have proper consent.
Can I text existing customers without opt-in?
For marketing messages, NO. An "established business relationship" allows calling but NOT texting under the TCPA. You need specific written consent for SMS.
What if someone denies they opted in?
This is why record-keeping is vital. If you can produce a log showing their IP address, timestamp, and the exact form they submitted, you have a strong defense.

Opt-In Templates

Copy-paste compliant language.

Get Templates

Legal Risk Guide

Deep dive into TCPA statutes.

Read Guide

Privacy Policy

Required "No Sharing" clause.

Download

Legal Disclaimer: This content provides general information about TCPA compliance and litigation risk and does not constitute legal advice. Laws and regulations regarding SMS marketing are complex and subject to change. Organizations should consult qualified legal counsel for advice specific to their situation. MyTCRPlus does not provide legal representation.