TCPA Enforcement Is at an All-Time High in 2026
The Telephone Consumer Protection Act has been on the books since 1991, but enforcement has intensified dramatically. In 2025, TCPA class action filings reached a record high, and 2026 is tracking similarly. Several multimillion-dollar settlements have put AI calling under intense scrutiny.
The Key TCPA Developments Shaping 2026
The FCC's 2024 AI Calling Rules
In February 2024, the FCC clarified that AI-generated voices are subject to the same TCPA requirements as human callers. This closed a loophole that some companies had exploited by arguing AI calling wasn't covered under the original statute.
What this means: Any AI calling platform must comply with full TCPA requirements. Prior express written consent is required for calls to cell phones using an automated telephone dialing system.
Air.ai FTC Settlement (2025)
Air.ai reached a significant settlement with the FTC related to deceptive AI calling practices — specifically, failing to disclose that prospects were speaking with an AI. This settlement established important disclosure requirements.
What this means: AI callers must identify themselves as automated. Hiding the AI nature of a call creates serious legal and reputational risk.
The Lead Generation Consent Ruling
A 2025 court ruling significantly narrowed what constitutes valid consent generated through lead forms. "One-to-many" consent — where a lead form grants consent to call from multiple companies — was found to violate TCPA in several circuits.
What this means: Verify that consent for purchased leads was specific to your company, not a blanket consent shared with multiple marketers.
The 5 Highest-Risk Calling Practices in 2026
1. Calling Without DNC Scrubbing
The National DNC Registry has 240M+ numbers registered. Calling a registered number without explicit prior consent exposes you to $500–$1,500 per call in statutory damages. DNC scrubbing is mandatory before every campaign.
2. AI Calling Without Disclosure
Post-Air.ai settlement, failure to disclose AI calling is treated as a deceptive practice. Your AI caller must identify itself as automated in the opening of every call.
3. Calling Cell Phones Without ATDS Consent
Calling cell phones using any automated dialing system without prior express written consent is the highest-risk TCPA scenario. Plaintiff attorneys specifically target high-volume callers without documented consent.
4. Ignoring State-Specific DNC Lists
Florida, Texas, Indiana, Wisconsin, Wyoming, and Colorado all maintain state DNC lists separate from the national registry.
5. Calling Outside Legal Hours
Federal TCPA: 8 AM – 9 PM local time. Texas: 9 AM – 9 PM. Any call outside these windows is per se illegal.
B2B vs B2C: The Important Distinction
TCPA applies most aggressively to consumer calling. B2B calling historically had more flexibility. But the lines have blurred:
- Cell phones are now the primary business line for most professionals — subject to full TCPA requirements even in B2B context
- Several courts have extended consumer protections to B2B calls where the individual is also the consumer
Safe approach: Apply TCPA standards to all calling, including B2B, especially when reaching cell phones.
Building a Defensible TCPA Compliance Program
- Document consent at every touchpoint. Record who consented, to what, when, and from where.
- Scrub DNC lists monthly at minimum. Registrations are ongoing.
- Train your team on current rules. TCPA compliance is dynamic.
- Use compliant calling platforms. ClinchRev has built-in DNC scrubbing, consent tracking, calling hour enforcement, and call disclosure built in.
- Keep call recordings for at least 4 years. The statute of limitations for TCPA claims is 4 years.
The Bottom Line
TCPA compliance is not a legal technicality — it's an operational requirement. The cost of non-compliance is existential for most companies. The cost of compliance is a few hundred to a few thousand dollars in proper tooling and process.
If your outbound calling program doesn't have DNC scrubbing, call time enforcement, and call recordings, you're operating with significant legal exposure. Fix this before a plaintiff attorney finds you.