The States with the Most TCPA Lawsuits

For organizations that use telemarketing campaigns to reach consumers, a significant risk of TCPA non-compliance is the law’s private right of action that gives people the right to sue for violations. A group of “professional plaintiffs” have emerged seeking to exploit the TCPA and cash in from lawsuits. To avoid these lawsuits, businesses need to follow all the rules of the TCPA. They can also use a TCPA litigator list to avoid calling professional plaintiffs.

We looked further into TCPA lawsuits to identify other trends in these civil suits. The data we analyzed revealed the states with the most TCPA lawsuits.

Where the Most TCPA Lawsuits are Filed

We reviewed 1349 TCPA lawsuits filed nationwide from January 1st to October 31st, 2024. 774 of those cases came from Florida (330), California (274), and Texas (170). Those three states represented 57% of the lawsuits. Combined those states have a population of approximately 92.9 million, representing about 27.6% of the US’s total population. Florida, California, and Texas are significantly overrepresented in TCPA cases filed.

In October, 97 cases were filed in the three states. 42 of those cases were from people who have filed multiple lawsuits, demonstrating how prolific professional plaintiffs can be.

Businesses should always call and text consumers in a compliant manner. Knowing that the states of Florida, California, and Texas are hotbeds for TCPA lawsuits, it’s more important than ever to establish policies and procedures defined under the Safe Harbor provision.

The Top 10 States for TCPA Lawsuits (Jan 1, 2024 – Oct 31, 2024)

1. Florida – 330
2. California – 274
3. Texas – 170
4. Illinois – 73
5. New York – 64
6. Arizona – 43
7. Pennsylvania – 41
8. Missouri – 40
9. Ohio – 30
t10. Georgia – 25
t10. Michigan – 25

TCPA Compliance 101

To ensure they meet all of the TCPA’s requirements related to calls and text messages, organizations need to take the following actions:

• Suppressing against the National Do Not Call Registry and state Do Not Call lists where applicable.
• Accept and honor internal Do Not Call requests. Keep a centralized list that includes the dates the requests were made along with the phone number.
• Obtain prior express written consent when using autodialers to call/text cell phones or prerecorded messages to both landlines and cell phones.
• Only make calls between the hours of 8:00 AM and 9:00 PM at the recipient’s location (while still paying attention to more restrictive state rules).
• Ensure caller ID is displaying a name and number that is capable of accepting inbound calls and honoring internal DNC requests.
• Disclose certain material facts including the agent’s name, company name, and contact information.
• Send a DNC policy to a consumer if requested.
• Train all telephone agents on their compliance responsibilities before engaging with customers.
• Monitor the abandonment rate when dialing with an ATDS. For calls answered by a live person, the abandonment rate shouldn’t exceed 3% in a 30-day period (per campaign).
• Include an automated opt-out feature in abandonment messages and prerecorded messages.
• Text messages must include an unsubscribe option, such as “Reply STOP to no longer receive text.” A do not call request should apply to do not text requests and vice versa.
• Monitor and enforce internal and external 3rd parties for compliance.
• Maintain records of compliance.

CompliancePoint’s team of marketing compliance professionals can help your business execute campaigns that comply with the TCPA, TSR, Do-not-call rules, and applicable state laws. Contact us at connect@compliancepoint.com to learn more about our services.