Free Download · TCPA + DNC
The complete TCPA + DNC compliance checklist
Every TCPA control buyers and class-action plaintiff firms ask about, express written consent capture, autodialer / ATDS use, federal + internal + state DNC scrubbing, the FCC reassigned-numbers database, the 1:1 consent rule, and the Florida + Washington + Oklahoma Mini-TCPA overlays. Built for compliance officers, privacy counsel, and outbound-marketing operations leaders defending against $500–$1,500-per-call statutory damages.
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What's inside
Every TCPA + DNC control, mapped the way a class-action plaintiff lawyer maps it
25 line items across 7 control families. Each row cites the underlying statute or regulation, 47 U.S.C. § 227, 47 CFR § 64.1200, the FCC 2024 reassigned-numbers database rule, the 2024 1:1 consent rule, and the active state Mini-TCPA statutes. Complete the checklist on paper, get a single artefact you can hand to outside counsel for a 30-minute readiness review.
Express Written Consent
Express Written Consent · 47 CFR § 64.1200(f)(9)
- Consent-1 · Consent capture form (clear + conspicuous disclosure, signature, phone number, identification of seller)
- Consent-2 · Scope of consent (channels, frequency, products, third-party transfers, 1:1 consent rule under FCC 2024)
- Consent-3 · Retention of consent record for 4 years minimum (signed form, IP, timestamp, source URL)
- Consent-4 · Revocation handling (any reasonable method, verbal, text STOP, email reply, web form, honored within a reasonable time)
- Consent-5 · Multi-channel consent (separate consents for voice, SMS/MMS, prerecorded; not bundled)
Autodialer / ATDS Use
Autodialer / ATDS Use · 47 U.S.C. § 227(a)(1) + (b)(1)(A)
- ATDS-1 · ATDS definition test (post-Facebook v. Duguid 2021, random or sequential number generator capacity)
- ATDS-2 · Prerecorded / artificial-voice messages (separate prior express written consent for marketing; 47 CFR § 64.1200(a)(2))
- ATDS-3 · Opt-out mechanism in IVR (interactive opt-out within first two seconds; automated key-press or voice keyword)
- ATDS-4 · Calling frequency caps + abandoned-call rate ≤ 3% per 30-day period (47 CFR § 64.1200(a)(7))
DNC List Scrubbing
DNC List Scrubbing · 47 CFR § 64.1200(c) + (d)
- DNC-1 · Federal DNC Registry scrubbing every 31 days max (donotcall.gov subscription, B-list match removed before dial)
- DNC-2 · Internal DNC list (company-specific opt-outs retained 5 years per § 64.1200(d)(6); honored across all business units)
- DNC-3 · State DNC list overlay (states with separate registries, TX, FL, IN, LA, MA, MO, OK, TN, WY)
- DNC-4 · FCC reassigned-numbers database (RND.fcc.gov), query before each call to confirm number is not reassigned (mandatory since 2021, expanded 2024)
Cell + SMS / MMS Marketing
Cell Phone + SMS / MMS Marketing · 47 U.S.C. § 227(b)(1)(A)(iii)
- Cell-1 · Prior express written consent threshold for any marketing call/text to a cell phone (no 'established business relationship' carve-out)
- Cell-2 · SMS marketing, same consent + opt-out (STOP, END, QUIT, CANCEL, UNSUBSCRIBE) honored across all short codes / 10DLC numbers
- Cell-3 · MMS marketing, treated identically to SMS for TCPA purposes; carrier 10DLC + CTIA Short Code Monitoring Handbook compliance
Disclosure + Identification
Disclosure + Identification · 47 CFR § 64.1200(b) + (d)(4)
- Disc-1 · Caller ID transmission, accurate, not blocked, not spoofed (Truth in Caller ID Act + STIR/SHAKEN)
- Disc-2 · Business name + on whose behalf the call is made stated within first 30 seconds of prerecorded messages
- Disc-3 · Opt-out instructions in every prerecorded marketing call + every SMS marketing message
Recordkeeping
Recordkeeping · 47 CFR § 64.1200(d)(6)
- Rec-1 · Consent retention 4 years minimum (FCC retention rule, covers TCPA statute of limitations + class-action lookback)
- Rec-2 · Complaint / opt-out log (date, channel, name, number, business unit, action taken, confirmation sent)
- Rec-3 · Training records (annual TCPA training for sales, marketing, BDR teams; signed acknowledgement; refresher on rule updates)
State-Specific Mini-TCPAs
State-Specific TCPA Analogs
- FL · FTSA · Florida Telephone Solicitation Act (Fla. Stat. § 501.059), private right of action, prior express written consent for autodialed sales calls + texts; 2023 amendments narrowed scope but FTSA suits remain active
- WA · CPA · Washington Consumer Protection Act amendments (RCW 80.36.390, RCW 19.86), disclosure within first 30 seconds, mandatory opt-out, treble damages available under WA CPA
- OK · TCPA · Oklahoma Telephone Solicitation Act (Okla. Stat. § 15-775C), effective Nov 2022; private right of action, $500-$1,500 per violation, mirrors FTSA structure
The PDF appendix includes the RND query log template, the per-call evidence-pack checklist plaintiff's counsel typically requests during class certification, and the 4-year consent retention schedule keyed to 47 CFR § 64.1200(d)(6). 22 pages total.
Why use this checklist
TCPA class actions are the highest-frequency litigation in B2C marketing, this is the readiness diagnostic
TCPA carries a private right of action with statutory damages of $500–$1,500 per violation. 47 U.S.C. § 227(b)(3) and (c)(5) give every consumer a direct cause of action against a caller for $500 per violation, trebled to $1,500 for willful or knowing violations. With autodialer or text marketing campaigns reaching tens of thousands of numbers per day, classes form fast. TCPA class actions in 2024 averaged $20M+ in settlement value, and several individual settlements exceeded $50M. The plaintiff bar reads the FCC consent regulations forensically, the checklist captures the same control list a plaintiff's expert witness reads through during a class certification hearing.
The FCC's 2024 rule package raised the bar on consent + scrubbing. The FCC's 2024 'closing the lead generator loophole' rule made the 1:1 consent standard explicit, a single consent form authorizing 'marketing partners' is no longer enough; the consumer must consent to be contacted by each specific seller. The reassigned-numbers database (RND.fcc.gov) is now operationally mandatory, caller can only invoke the safe harbor from § 227(b)(1)(A)(iii) liability if they queried the RND before the call. Both rules took effect in 2024, and the first wave of FCC enforcement actions citing them have already landed. The checklist's Consent + DNC sections incorporate both.
State Mini-TCPAs are filling in where federal law leaves room. Florida's FTSA (effective 2021, amended 2023) created a private right of action for autodialed sales calls and texts that triggered the largest single-year increase in TCPA-style filings in any state. Washington's amendments to the Consumer Protection Act layer treble damages on top of the federal floor. Oklahoma's TCPA (effective November 2022) mirrored Florida's structure. Several other states have bills active. The checklist's State Mini-TCPA section keeps the three highest-velocity statutes side-by-side so a single outbound program can be scored against all three at once.
Who is it for
Three roles, one checklist
Compliance Officer · High-Volume Marketers
Owns the TCPA + DNC control program at retailers, financial services, healthcare marketers, lead-gen platforms, and BPO call centers running outbound at scale. Reports to CCO, GC, or CRO.
Outcome · Walk into the next class-action discovery request with every consent record, RND query log, and internal-DNC entry traceable to the line item that governs it.
Privacy Counsel / GC
In-house counsel or outside privacy counsel triaging TCPA demand letters, defending putative class actions, and reviewing marketing campaigns before launch. Cross-charters the contract review for lead suppliers + dialer vendors.
Outcome · Use the checklist as the gating diagnostic that decides whether a campaign launches, gets re-scoped, or goes back to the lead supplier with new 1:1 consent forms before any number is dialed.
Director · Customer Engagement / Outbound Ops
Runs the dialer, SMS platform, lead-management workflow, and campaign design. Owns dialer + SMS vendor compliance, abandonment-rate tuning, suppression list hygiene, and DNC scrubbing cadence.
Outcome · Convert each line item into an SLA against the dialer + SMS vendors and the lead supplier, every campaign launch ships with the consent + DNC + RND evidence pack pre-attached.
Common questions, answered
What 'express written consent' actually means under FCC 2024 rules, how SMS/MMS is treated, the FCC reassigned-numbers database safe harbor, the FL/WA/OK Mini-TCPA overlay, and the artefact set class-action defense counsel asks for.
Related
Keep going
Beyond the checklist
Manage TCPA + privacy on one platform?
The PDF is the readiness diagnostic. The platform runs continuous TCPA + DNC scoring alongside CCPA/CPRA, GDPR, and 39 other framework libraries, across every business unit, lead supplier, and dialer / SMS vendor, with the same evidence trail class-action plaintiff counsel and FCC investigators ask to see.
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