TCPA Compliance Guide
Everything your business needs to know about the Telephone Consumer Protection Act and Do Not Call regulations.
What is the TCPA?
The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 that restricts telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. It is enforced by the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC).
The TCPA created the National Do Not Call Registry, managed by the FTC, which allows consumers to opt out of receiving telemarketing calls. FreeDNCScrub checks your numbers against 248 million logged Do Not Call numbers as of August 2026.
TCPA Penalties & Fines
Violations of the TCPA can result in significant financial penalties:
- Up to $500 per violation for negligent TCPA violations (private lawsuits)
- Up to $1,500 per violation for willful or knowing violations (treble damages)
- $500 to $53,088 per violation under of the FTC's Telemarketing Sales Rule (government enforcement)
Class action TCPA lawsuits regularly result in settlements ranging from hundreds of thousands to hundreds of millions of dollars. In 2023 alone, businesses paid over $2 billion in TCPA-related settlements.
Key DNC Compliance Requirements
Scrub Every 31 Days
Businesses must access the National DNC Registry and scrub their calling lists at least once every 31 days. Using outdated data is not a valid defense.
Maintain an Internal DNC List
In addition to the national registry, you must maintain your own internal do-not-call list of people who have specifically asked your company not to call them.
Honor Requests Immediately
When a consumer asks to be placed on your internal DNC list, you must honor that request within a reasonable time (typically interpreted as immediately or within one business day).
Time Restrictions
Telemarketing calls may only be made between 8:00 AM and 9:00 PM in the consumer's local time zone.
Caller ID Requirements
You must transmit your phone number and, when possible, your name to the consumer's caller ID. Spoofing caller ID for telemarketing is illegal.
Written DNC Policy
Companies making telemarketing calls must have a written policy for maintaining their DNC list and train their employees on it.
Safe Harbor Provisions
The TCPA provides a “safe harbor” defense for businesses that can demonstrate they have procedures in place to comply with DNC requirements. To qualify:
- Maintain written DNC procedures
- Train personnel on your DNC policy
- Access and scrub against the National DNC Registry every 31 days
- Maintain and honor your company-specific DNC list
- Monitor and enforce compliance within your organization
If you have these procedures in place and a violation occurs due to an error, the safe harbor provision can protect you from liability.
Who is Exempt from DNC Rules?
Certain types of calls are exempt from DNC restrictions:
- Calls from or on behalf of tax-exempt nonprofit organizations
- Calls from companies with an existing business relationship (within 18 months of last transaction or 3 months of last inquiry)
- Calls delivering a purely informational message (no sales pitch)
- Political campaign calls
- Calls for survey or research purposes only
Even if exempt from the national DNC list, callers must still honor company-specific do-not-call requests.
Quick Answers
Is DNC scrubbing legally required?
Yes. The TCPA (Telephone Consumer Protection Act) requires scrubbing your calling list against the National Do Not Call Registry before telemarketing. Violations carry fines of $500-$1,500 per call. Most companies scrub before every outreach campaign.
How often should I scrub the DNC list?
The FTC requires scrubbing at least every 31 days before making calls. Use FreeDNCScrub's free tool as often as you need — there's no limit.
Does FreeDNCScrub store my phone numbers?
No. We don't store or log phone numbers after processing. Your data isn't retained, sold, or shared with anyone.
More questions? See the full FAQ or the state-by-state DNC guide.
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