What is a TCPA litigator, and how do wholesalers avoid them?
A TCPA litigator is someone who files lawsuits or demand letters under the Telephone Consumer Protection Act over calls and texts they say broke the law, often again and again. Wholesalers lower the risk by getting consent, honoring opt-outs and do-not-call rules, and not contacting owners flagged as known litigators.
The TCPA lets people sue over certain unwanted calls and texts, with statutory damages of $500 per violation and up to $1,500 when the violation is willful. Because each call or text can count, one campaign can turn into a large claim.
Check your list against the National Do Not Call Registry and known-litigator flags, stop contacting anyone who says stop, keep records of consent and opt-outs, and have an attorney review your outreach. This page is general information, not legal advice.
Habits that lower the risk
- Check numbers against the National Do Not Call Registry before calling or texting
- Skip owners flagged as known litigators
- Honor STOP replies and opt-outs right away
- Keep a record of consent and every contact
- Text only at reasonable local hours
More questions
Can you text a seller without their consent?
It depends on how the text is sent and what it says. Marketing texts sent with an autodialer generally need prior consent, and do-not-call rules apply to telemarketing. Ask an attorney how the rules apply to your outreach.
How do you know if someone is a litigator?
Some skip-trace and list services flag phone numbers and people known for filing these suits. Treat a flag as a reason not to contact them, and remember an unflagged owner has the same legal protections.