5-Minute TCPA Compliance Check: Is Your Campaign Legal?

TCPA violations cost $500-$1,500 per call. With class action filings surging 95% year-over-year and verdicts exceeding $925 million, compliance isn't optional. It's existential.

This 5-minute checklist identifies the most common compliance gaps before they become expensive problems. Run through it before launching any phone campaign.

Key Takeaways

• B2B isn't automatically exempt: Marketing to work phones, mobiles and text numbers still requires consent. The B2B exemption is narrower than many assume.
• April 2025 changed opt-out rules: Process opt-out requests within 10 business days, down from 30 days. Honor revocation through any reasonable method.
• AI voice calls require full compliance: The FCC ruled AI-generated voices require the same consent as human calls. No exemptions.
• State mini-TCPAs add complexity: Texas, Oregon, New York and others have stricter requirements than federal law.

The 5-Minute Compliance Check

Question 1: Do You Have Proper Consent?

For automated calls or texts to mobile phones:

[ ] Written consent obtained before calling

[ ] Consent clearly identifies your business

[ ] Consent specifies the phone number used

[ ] Consent records are documented and stored

For live calls to business landlines:

[ ] Calling established business numbers only

[ ] Not using autodialers for these calls

[ ] Have verified the line is business-only

Critical distinction: Many professionals use personal phones for work. These dual-use numbers are treated as consumer lines under TCPA.

Status: Pass / Fail / Needs Review

Question 2: Are You Screening Against DNC Lists?

Federal Do Not Call Registry:

[ ] Registered at donotcall.gov

[ ] Downloaded current registry

[ ] Scrubbing all call lists before campaigns

[ ] Updated within the last 31 days

Internal Do Not Call List:

[ ] Maintaining internal opt-out list

[ ] Adding opt-outs within 10 business days

[ ] Scrubbing against internal list before calls

[ ] Honoring requests from any reasonable method

Regular updates through donotcall.gov ensure compliance with federal requirements.

Status: Pass / Fail / Needs Review

Question 3: Are You Following Time Restrictions?

Federal requirements:

[ ] Calls only between 8 AM and 9 PM recipient's local time

[ ] Time zone verification for each contact

[ ] Automated systems configured for time limits

State requirements (check applicable states):

[ ] Aware of stricter state calling windows

[ ] Configured for most restrictive applicable rule

[ ] Weekend and holiday restrictions considered

Status: Pass / Fail / Needs Review

Question 4: Are You Using AI or Automated Systems?

If using AI voice technology:

[ ] Prior express consent obtained

[ ] AI nature disclosed to recipient

[ ] Opt-out mechanism provided during call

[ ] All standard TCPA requirements met

If using autodialers:

[ ] Consent requirements met for all numbers

[ ] System properly configured for compliance

[ ] Capacity to stop calls on opt-out

AI-generated voices constitute "artificial voices" under federal law with no exemptions.

Status: Pass / Fail / Needs Review

Question 5: Is Your Opt-Out Process Current?

April 2025 requirements:

[ ] Processing opt-outs within 10 business days

[ ] Honoring requests via text, email, voicemail or verbal

[ ] Not limiting to "STOP" replies only

[ ] Documented process for all request types

Verification:

[ ] Tested opt-out process recently

[ ] Confirmed removal from all campaign lists

[ ] Staff trained on new requirements

Status: Pass / Fail / Needs Review

Question 6: Do You Have State-Level Coverage?

If calling multiple states:

[ ] Aware of state mini-TCPA laws

[ ] Texas SMS registration (if applicable)

[ ] Oregon calling limits understood

[ ] New York disclosure requirements met

[ ] Following most restrictive applicable law

High-risk states to verify:

• Florida
• California
• Texas
• New York
• Washington

Status: Pass / Fail / Needs Review

Question 7: Are Records Properly Maintained?

Consent documentation:

[ ] Written consent stored securely

[ ] Timestamp and source recorded

[ ] Accessible for audit purposes

[ ] Retention policy defined

Call records:

[ ] Call logs maintained

[ ] Opt-out requests documented

[ ] Complaint tracking active

[ ] Regular audit schedule

Strong recordkeeping protects against disputes and demonstrates compliance.

Status: Pass / Fail / Needs Review

Scoring Your Results

All Pass

Your campaign meets baseline TCPA requirements. Proceed with confidence, but schedule regular compliance reviews.

1-2 Fails

Address failed items before launching. Most issues can be resolved quickly with proper procedures.

3+ Fails

Stop and conduct a comprehensive compliance review. The risk of violations is significant.

Any "Needs Review"

Consult with legal counsel experienced in TCPA before proceeding. Uncertainty creates liability.

Common Compliance Gaps

Gap 1: Assuming B2B Exemption

B2B outreach is not exempt from TCPA. The exemption applies only to live calls to verified business landlines. Automated calls, texts and calls to mobiles all require consent.

Gap 2: Outdated Opt-Out Processes

April 2025 reduced the processing window to 10 days. Organizations still using 30-day windows are non-compliant.

Gap 3: Ignoring State Laws

Federal compliance alone isn't sufficient. State mini-TCPAs often impose stricter requirements including registration, tighter calling windows and enhanced penalties.

Gap 4: AI Without Compliance

The FCC's 2024 ruling made clear: AI voice calls require full TCPA compliance. Organizations using AI outreach without proper consent face significant exposure.

Gap 5: Poor Record Keeping

Without documentation, you can't prove compliance. Consent records, call logs and opt-out processing must be maintained and accessible.

How AvairAI Handles Compliance

AvairAI's one-click phone classification system addresses common compliance challenges:

Automatic classification:

• Distinguishes business vs. personal numbers
• Identifies wireless vs. landline
• Flags high-risk numbers before calling

Built-in protections:

• DNC registry scrubbing
• Time zone awareness
• Opt-out processing automation
• Consent documentation

Compliance by design:

• TCPA-compliant AI calling
• Disclosure requirements met
• Audit trail maintained

Next Steps After Your Check

If You Passed

• Schedule quarterly compliance reviews
• Monitor regulatory changes
• Train new team members on requirements

If You Need Remediation

• Prioritize consent and opt-out gaps
• Update systems before next campaign
• Document changes for audit purposes

If You're Uncertain

• Consult TCPA-experienced legal counsel
• Don't launch until questions are resolved
• Consider compliance-focused platforms

The Bottom Line

TCPA class actions are surging. The five-minute investment in this compliance check could save your organization from $500-$1,500 per-call penalties that accumulate quickly at scale.

B2B doesn't mean exempt. AI doesn't mean different rules. State laws add complexity. The only safe approach is systematic compliance verification before every campaign.

Run this checklist. Fix the gaps. Document your processes. Then prospect with confidence.

Ready to simplify TCPA compliance? Start your free trial and see how built-in compliance features protect your campaigns.