This blog is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Trembly Law Firm. TCPA compliance can vary based on specific circumstances—please consult with a qualified attorney for guidance tailored to your business.
TCPA Compliance Checklist for Business Owners
Avoid Costly Fines and Lawsuits with This Step-by-Step Guide
If your business communicates with customers by text message, phone call, or automated systems, you need to understand the Telephone Consumer Protection Act (TCPA). Violations can result in fines of $500 to $1,500 per message—and in many cases, class action lawsuits with serious financial consequences. Many of these TCPA lawsuits demand over $1,000,000.00 in damages.
The good news? With the right systems in place, you can protect your business. Here’s a practical TCPA compliance checklist every business owner should follow.
1. Understand the Type of Message You’re Sending
TCPA rules vary depending on the nature of your message:
- Transactional or Informational: (e.g., appointment reminders, shipping updates)
➤ Requires prior express consent (customer provides their number voluntarily) - Marketing or Promotional: (e.g., sales, offers, coupons)
➤ Requires prior express written consent
Understanding this distinction is your first line of defense.
2. Get Proper Consent (And Keep Records)
For promotional messages, you must:
- Use clear opt-in language on your website, forms, or landing pages
- State that customers agree to receive automated marketing texts or calls
- Specify that consent is not a condition of purchase
- Maintain records of how and when consent was given (screenshots, timestamps, etc.)
📌 Tip: A checkbox with proper disclosure is often your best friend.
3. Honor Opt-Out Requests Immediately
Once a consumer opts out—using words like “STOP” or “Unsubscribe”—you must:
- Stop sending messages immediately
- Update your database to reflect opt-out status
- Ensure any third-party platforms are syncing opt-out data correctly
📌 Pro tip: Use platforms that auto-update consent statuses to avoid human error.
4. Check the National Do Not Call (DNC) Registry
If your business makes telemarketing calls, you must:
- Register with the FTC’s National Do Not Call Registry
- Scrub your calling lists against the DNC list regularly
- Maintain internal DNC lists for your own business
Non-compliance here is a fast track to liability.
5. Monitor Vendors and Marketing Agencies
You are legally responsible for any messages sent on your behalf, even if they come from:
- CRM platforms
- Third-party marketing agencies
- Lead generation services
Review vendor contracts, ensure they follow TCPA guidelines, and ask for documentation of consent collection.
6. Limit Calls to Appropriate Times
Under TCPA, you may only call consumers between:
- 8:00 AM – 9:00 PM (local time)
Calling outside this window—especially for promotional reasons—can trigger a violation.
7. Use Disclaimers and Opt-Out Language in Every Message
Each text or call must include:
- The identity of the business
- A way to opt out (e.g., “Reply STOP to unsubscribe”)
Even if you’re sending a one-time message, these disclaimers are required for marketing communications.
Why This Matters
TCPA lawsuits are on the rise—and small businesses are frequent targets. Most violations happen not out of bad intent, but because of overlooked details or outdated systems.
How Trembly Law Can Help
At Trembly Law Firm, we help business owners across Florida and beyond stay protected through proactive TCPA compliance strategies. Our team can:
- Review your text/call marketing process
- Audit your opt-in and opt-out workflows
- Draft compliant consent language
- Train your team or vendors on TCPA risks
- Defend your business if a lawsuit arises
Final Thoughts: Stay Compliant, Stay Protected
Use this checklist as a starting point, but don’t assume you’re in the clear without legal oversight. This checklist is not legal advice. Please seek the advice of an attorney, like those at the Trembly Law Firm. TCPA compliance is not one-size-fits-all—and the cost of getting it wrong is too high to ignore.
📞 Contact Trembly Law Firm today to schedule a compliance review and protect your business from costly litigation.