TCPA class action lawsuits doubled in 2025. The average settlement? $6.6 million. Most sales teams discover compliance gaps the hard way: when a lawsuit lands on their desk.
A TCPA compliance audit is your proactive defense. Rather than waiting for problems to surface, regular audits identify gaps before they become six-figure settlements. This matters more than ever as regulations tighten and serial litigators actively hunt for violations.
This guide walks you through a practical five-step TCPA compliance audit framework that any sales leader can implement quarterly. You will learn exactly what to review, what red flags to watch for and how to protect your team from costly violations.
Key Takeaways
- TCPA lawsuits doubled in 2025: Proactive quarterly audits are no longer optional for sales teams making outbound calls
- $500-$1,500 per violation adds up fast: A single 10,000-contact campaign with violations could mean $5-15 million in penalties
- B2B calling is NOT exempt from TCPA: Business phone outreach to mobile numbers still requires proper consent and DNC screening
- 10 business days is the new opt-out window: The April 2025 FCC update cut processing time from 30 days, requiring faster systems
Why TCPA Compliance Audits Matter More Than Ever
The 2025-2026 Regulatory Landscape
The TCPA compliance environment has shifted dramatically. According to legal analysts, class action lawsuits doubled in 2025 compared to the previous year. Professional plaintiffs and serial TCPA litigators now actively target businesses they perceive as vulnerable.
Several regulatory changes demand attention. The FCC reduced the opt-out processing window from 30 days to 10 business days in April 2025. A new consent-per-seller requirement takes effect in April 2026, requiring separate consent for each entity within corporate structures. State "mini-TCPAs" in Florida, Texas, Oklahoma and Maryland add layers of complexity beyond federal requirements.
The Real Cost of Non-Compliance
TCPA penalties are calculated per violation, not per campaign. The statutory damages run $500 per violation for standard cases and $1,500 for willful violations. Simple math reveals the exposure: a 10,000-contact campaign with 10% problematic numbers creates potential liability of $500,000 to $1.5 million.
Real settlements demonstrate these are not hypothetical risks. Keller Williams paid $40 million after contacting 2 million people, though potential damages could have reached $1 billion. Kaiser Permanente settled for $10.5 million. An Illinois federal court held a medical supply company CEO personally liable for $7.8 million.
The damage extends beyond financial penalties. TCPA violations erode prospect trust. Research suggests companies that call inappropriately lose the opportunity to do business with over 70% of those prospects permanently.
What a TCPA Compliance Audit Should Cover
Five Core Audit Areas
A comprehensive TCPA compliance audit examines five interconnected areas:
1. Consent documentation and management: How you capture, store and retrieve proof of consent
2. DNC registry and internal list compliance: Your screening processes against national, state and internal lists
3. Calling time restrictions and time zone handling: How you enforce the 8 a.m. to 9 p.m. recipient local time requirement
4. Opt-out process and revocation handling: Your ability to process requests within the 10 business day window
5. AI and autodialer usage: Compliance with the FCC's 2024 ruling on artificial voices
B2B-Specific Considerations
A dangerous misconception persists in sales organizations: "TCPA doesn't apply to B2B calls." This is wrong.
B2B telemarketing compliance requires the same attention as B2C. When calling mobile numbers, there is no distinction between personal and business phones. Prerecorded messages and automated dialers require prior express written consent to reach cell phones, regardless of whether the call is for business purposes.
Approximately 250 million of 450 million U. S. phone numbers appear on the Do Not Call Registry. More than half of all phone numbers. Your B2B contact list is full of protected numbers.
Step 1: Audit Your Consent Documentation
What to Review
Start by examining how your organization captures and stores consent. Pull records for recent campaigns and verify you can produce:
- Written consent forms with clear, specific language
- Timestamps showing when consent was obtained
- Disclosure details including messaging frequency, potential costs and opt-out instructions
- Third-party consent documentation from any purchased lead sources
Your consent language must be specific to the type of communication. Consent for email does not equal consent for phone calls. Consent for calls from your company does not equal consent for calls from affiliates.
Red Flags to Watch For
Several patterns indicate compliance gaps:
- Vague or bundled consent language that does not specify call types
- Missing or inconsistent timestamps
- Inability to produce consent records within 24 hours of request
- Third-party lists with unclear consent chains
- Consent forms that have not been updated for recent FCC requirements
For a complete overview of TCPA requirements, see our TCPA compliance guide for sales leaders.
Step 2: Verify DNC List Compliance
Registry Checks
Your audit should verify screening against multiple lists:
National DNC Registry: Confirm your process for checking the FCC's national Do Not Call list. Verify the frequency of list updates. Best practice is scrubbing before every campaign launch.
State DNC Registries: Several states maintain separate registries with different requirements. Verify compliance with state-specific lists where you make calls.
Internal DNC List: Confirm you maintain records of everyone who has requested not to be called and that this list is honored for at least five years.
Litigator Identification
Professional TCPA litigators file repeated lawsuits against companies. These individuals often seed their numbers into purchased lists specifically to generate violations. Your audit should confirm you screen for known litigator numbers using available databases.
Step 3: Review Calling Practices
Time Restrictions
TCPA restricts telemarketing calls to between 8 a.m. and 9 p.m. in the recipient's local time zone. Your audit should verify:
- Time zone detection for each contact
- System enforcement of calling windows
- Documentation of how time zone is determined
- Holiday handling and weekend policies
Technology Compliance
If you use any form of automated dialing, verify:
- Dropped call rate stays below the 3% threshold
- Call recordings include required disclosures
- Caller ID displays accurate information
- Your dialer is properly configured to avoid hitting wireless numbers without consent
Step 4: Test Opt-Out Processes
Revocation Handling
The 10 business day processing window demands efficient systems. Your audit should test:
- Response time from opt-out request to suppression
- Multi-channel synchronization (phone, email, SMS opt-outs all suppressed together)
- Documentation of each opt-out request with timestamps
- Verification that opted-out contacts do not receive further communication
System Testing
Do not just review processes on paper. Actually test them:
- Submit test opt-out requests through each channel
- Verify suppression within the 10 business day window
- Check that suppression applies across all active campaigns
- Confirm automated systems work as documented
Step 5: Assess AI Calling Compliance
FCC 2024 AI Voice Ruling
The FCC's February 2024 declaratory ruling determined that AI-generated voices constitute "artificial voices" under federal law. If you use AI cold calling, your audit must verify:
- Prior express consent for all AI voice calls
- Clear identification disclosures at the start of each call
- Functional opt-out mechanisms
- Proper classification of which contacts can receive AI calls
AI Call Agent Considerations
Organizations using AI calling should verify:
- Human handoff protocols function correctly
- Disclosures play at the beginning of each call
- Call recordings are properly stored
- The AI system respects all TCPA restrictions
AvairAI's one-click phone classification system automates much of this work. Contacts are classified as CAN_CALL_AI, CAN_CALL_MANUAL or CANNOT_CALL before any calls are made, with full audit trail documentation.
Creating Your TCPA Audit Schedule
Quarterly Internal Audits
Every quarter, your compliance review should cover:
- Random sample of consent documentation from recent campaigns
- Verification of DNC screening processes
- Opt-out request processing time analysis
- Review of any complaints or potential violations
- Updates based on regulatory changes
Document findings formally and assign action items for any gaps identified.
Annual Third-Party Reviews
Once per year, bring in outside reviewers. Third-party auditors provide fresh perspective and can identify blind spots internal teams miss. Their reports also serve as evidence of good-faith compliance efforts should issues arise.
The Bottom Line
A TCPA compliance audit is not a burden. It is protection.
Regular audits transform compliance from a reactive scramble into a proactive competitive advantage. Companies that call compliantly build more trust with prospects. They avoid the settlements that drain resources and damage reputations. They operate with confidence instead of anxiety.
The five-step framework outlined here provides a practical approach any sales leader can implement. Audit consent documentation. Verify DNC compliance. Review calling practices. Test opt-out processes. Assess AI calling compliance. Do this quarterly, and most gaps will be caught before they become problems.
With tools like AvairAI that build compliance into the platform, much of this audit work happens automatically. One-click phone classification, real-time DNC screening and documented audit trails mean less manual review and more confidence that your team is protected.
The question is not whether you can afford to conduct regular TCPA audits. The question is whether you can afford not to.
