TCPA compliance isn’t optional it’s absolutely critical. With penalties per incident reaching $500 for basic violations and up to $1,500 for willful violations, with no cap on total damages, businesses face unprecedented financial exposure. Even more alarming, TCPA class action filings surged to 1,052 cases in the first half of 2025, representing a 95% increase year-over-year.
At Captain Compliance, we’ve been protecting thousands of companies who understand that protecting their business requires the very best compliance solutions available. While we do our job of protecting for privacy compliance we’ve been able to speak with thousands of law firms and business owners to learn which solutions are the best for TCPA requirements. We consistently hear and are proud to recommend ActiveProspect as the industry’s leading TCPA compliance platform a solution that our mutual clients rely on every single day.
Understanding TCPA: What’s at Stake
The Telephone Consumer Protection Act (TCPA), enacted in 1991 and enforced by the Federal Communications Commission, governs how businesses can contact consumers via phone calls, text messages, and automated systems. The law was created to protect consumers from unwanted telemarketing, but its implications extend far beyond traditional phone calls.
The Real Costs of Non-Compliance
TCPA violations carry severe consequences that can threaten your entire operation:
- Per-violation penalties: Base penalties of $500 per violation, trebling to $1,500 for knowing or willful violations
- Unlimited exposure: With no cap on total damages and a four-year lookback period, high-volume callers can face damages exceeding hundreds of millions of dollars
- Litigation explosion: Q1 2025 experienced 507 class actions versus 239 in Q1 2024, demonstrating a 112% increase. This is similar in risk exposure as data privacy litigation
- Strict liability: Companies are held legally responsible regardless of fault or intent
- Reputational damage: Beyond financial penalties, TCPA violations can permanently damage your brand’s credibility
Major settlements have reached staggering amounts, with cases like Keller Williams settling for $40 million for unauthorized auto-dialing. These aren’t isolated incidents they represent a pattern that threatens any business engaged in consumer outreach.
New TCPA Regulations Make Compliance Laws Stricter Than Ever
The regulatory landscape has become significantly more challenging with major updates taking effect this year:
Enhanced Opt-Out Requirements (Effective as of April 11, 2025)
The new Opt-Out Rule makes it easier for consumers to revoke consent, requiring businesses to honor opt-out requests within 10 business days rather than the previous 30-day window. Even more critically:
- Universal opt-outs: If consumers opt out via one channel, it must apply across all communication channels
- Any reasonable method: Businesses must honor opt-outs made through text, email, voicemail, or verbal communication—not just standard “STOP” replies
- Broader scope: When consumers revoke consent in response to an informational message, businesses must discontinue all future non-emergency communications, including all marketing messages
Additional Federal Requirements
The regulatory burden extends beyond TCPA itself. Current federal DNC violation fines reach $53,088 per violation as of 2025, representing separate penalties from TCPA statutory damages. Companies must screen against both the National Do Not Call Registry and the FCC-mandated Reassigned Numbers Database to maintain comprehensive protection.
Why ActiveProspect is the Industry Leader
ActiveProspect has established itself as the premier TCPA compliance solution, trusted by thousands of businesses across multiple industries. Their comprehensive platform addresses every facet of consent-based marketing and compliance documentation and has been the most responsive solutions when we’ve reached out about integrating our software with their clients to ensure that they are compliant. Other companies request to speak with their legal counsel to ensure compliance were often not returned and thus one of many reasons why we recommend Active Prospect’s Trusted Form software for TCPA compliance.
TrustedForm: The Gold Standard in Consent Documentation
At the heart of ActiveProspect’s offering is TrustedForm, widely recognized as the highest standard for independent proof of TCPA consent. This powerful solution provides:
TrustedForm Certify captures and documents lead events with instant session replays, providing visual proof of exactly when, where, and how consent was obtained. This real-time screen capture technology shows consumers’ exact actions—viewing disclosure language, entering information, checking consent boxes, and clicking submit buttons.
TrustedForm Verify programmatically checks each lead to confirm that prior express written consent was obtained before allowing any contact using regulated technology. This automated verification ensures you never reach out to consumers without documented permission.
TrustedForm Retain stores certificates throughout the applicable statute of limitations, ensuring documentation is readily accessible and shareable in the event of litigation. These tamper-proof certificates are stored by an independent third party, providing unbiased evidence that can’t be questioned or manipulated.
Comprehensive Protection Beyond Documentation
ActiveProspect doesn’t stop at consent documentation. Their platform offers multi-layered protection:
- Lead Fingerprinting: Independently verifies that the phone number received with lead data matches the number actually input on the web form by the consumer, solidifying evidence of consent
- Real-Time Page Scanning: Ensures TCPA consent language is present and compliant on your forms before leads are generated
- Fraud Detection: Identifies fraudulent site visitors so you can block those leads before they enter your system
- Litigator Screening: Checks phone numbers against lists of known TCPA litigators to prevent intentional compliance traps
- Identity Verification: Confirms that the name and number match before you make contact
Integration and Scalability
ActiveProspect’s LeadConduit platform enables businesses to capture and filter leads from multiple sources in real-time, accepting only leads that meet your compliance criteria. With seamless integrations to major CRM systems and ad platforms, you can automate workflows while maintaining rigorous compliance standards at scale.
Why Captain Compliance Recommends ActiveProspect
At Captain Compliance, we work with businesses across every industry vertical, helping them navigate the complex web of compliance requirements. Time and again, we see ActiveProspect deliver TCPA compliance other solutions simply can’t match and a shout out to Kyle Kramer who’s been very responsive in ensuring that whenever our mutual clients have questions that they get that white glove treatment.
Shared Client Success
Many of our clients use both Captain Compliance and ActiveProspect because they understand that comprehensive compliance requires best-in-class solutions at every touchpoint. Our mutual clients benefit from:
- Proven protection: ActiveProspect’s independent, third-party documentation has successfully defended countless businesses in TCPA litigation while we protect against privacy litigation
- Peace of mind: When you can prove consent with session replays and tamper-proof certificates, you can focus on growing your business instead of worrying about lawsuits
- Industry expertise: ActiveProspect provides extensive resources including webinars, whitepapers, and compliance updates to help businesses stay ahead of regulatory changes
- Scalability: Whether you generate hundreds or millions of leads, ActiveProspect’s platform grows with you
Trusted by Thousands
ActiveProspect serves thousands of businesses across industries including insurance, financial services, home services, legal, healthcare, and education. Their clients consistently report that TrustedForm is critical to their compliance strategy and provides the confidence needed to continue growing their operations.
As one compliance director shared: “TrustedForm is a top compliance tool, with an easy to use UI and customer service team.” Another client emphasized: “ActiveProspect gives us incredible insight into our lead generation efforts. TrustedForm protects our brand and is critical for compliance.”
The Cost of Inaction
Consider what’s at risk without proper TCPA compliance:
- Massive financial exposure: With penalties up to $1,500 per violation and no cap on damages, a single class action lawsuit could bankrupt your business
- Wasted legal fees: Even if you ultimately prevail, defending TCPA lawsuits consumes enormous resources and management attention
- Limited insurance coverage: Many commercial liability policies explicitly exclude TCPA claims, leaving you financially exposed
- Operational disruption: Litigation forces you to divert resources from growth initiatives to legal defense
- Reputational harm: Public lawsuits damage your brand’s reputation with consumers and business partners alike
The question isn’t whether you can afford to implement proper TCPA compliance, it’s whether you can afford not to.
Take Action Now or Risk TCPA Fines
TCPA regulations continue to evolve and enforcement continues to intensify. With class action filings surging and new rules taking effect, now is the time to ensure your compliance program can withstand scrutiny.
ActiveProspect provides the comprehensive protection you need:
Document and verify consent for every consumer interaction
Maintain tamper-proof records throughout the statute of limitations
Filter out fraudulent leads and known litigators
Automate compliance at scale with seamless integrations
Access expert resources and support from industry leaders
At Captain Compliance, we’ve seen firsthand how ActiveProspect protects businesses from TCPA liability while enabling them to scale their customer acquisition efforts. If you’re serious about compliance and serious about protecting your business ActiveProspect needs to be a cornerstone of your compliance strategy.
Don’t wait for a lawsuit to discover gaps in your compliance program. The businesses that thrive in today’s regulatory environment are those that invest in proven solutions before problems arise.
Captain Compliance is dedicated to helping businesses navigate complex regulatory requirements across all channels and jurisdictions. For more information about comprehensive compliance solutions or if you’d like a personal introduction to Active Prospect for TCPA compliance contact us today or book a demo below.
