A business may still want to do a TCPA Litigator Blacklist Scrub — even if their contact list has opted in — for several important legal and financial risk management reasons:
🔍 1. “Professional Plaintiffs” Exist
There are individuals (often attorneys or serial litigants) who actively sign up for marketing lists just to file lawsuits under the TCPA (Telephone Consumer Protection Act). These individuals may:
- Claim they never opted in.
- Exploit gray areas or technicalities (e.g., time of day, consent format, revocation issues).
- Seek statutory damages of $500 to $1,500 per violation, which adds up fast.
⚠️ 2. Even Valid Consent Can Be Contested
Someone on your list may have opted in years ago, but:
- They don’t remember or deny they gave consent.
- Their number may have changed hands (e.g., reassigned to a new person).
- They may claim to have revoked their consent.
These scenarios can still result in lawsuits or demand letters — especially if the number belongs to a known litigator.
💰 3. Avoid Costly Legal Fees and Settlements
Even if you win a TCPA case, defending it can cost tens of thousands in legal fees. Most businesses settle to avoid the expense and risk of court. Scrubbing known litigators reduces the chance you’ll be targeted in the first place.
🛡️ 4. Compliance Isn’t Just About Consent — It’s About Risk Mitigation
Consent is only one layer of protection. Doing a TCPA litigator scrub adds an extra layer of defense by avoiding sending messages to people who have a history of abusing or testing TCPA laws to trap businesses.
🧾 5. Insurance Companies and Legal Advisors Recommend It
Many legal compliance advisors and insurance providers recommend scrubbing against TCPA litigators as a best practice to minimize exposure. It shows proactive intent to follow not just the letter of the law, but the spirit of risk mitigation.
✅ Summary: Why Do a Litigator Scrub?
Reason | Benefit |
---|---|
Avoid professional plaintiffs | Stops serial litigants from targeting you |
Prevent disputed opt-ins | Minimizes claims of revoked/invalid consent |
Reduce legal expenses | Avoid lawsuits, settlements, and attorney fees |
Strengthen compliance posture | Shows proactive TCPA risk management |
Protect your brand reputation | Avoid bad PR and consumer trust erosion |
How it works
TextP2P now provides a way you can scrub your lists for known litigators. We can the database (which is updated daily) by phone number. Each phone number that is not in an UNSUBSCRIBE status will cost just $0.01 with a minimum charge of $5.00.
To access the TCPA Litigator Blacklist scrub, go to your list management screen and click the action button, and then select TCPA Blacklist from the drop down. Also from within any list, you can click on the action button and select the TCPA Blacklist scrub.
Then you will see the TCPA litigator blacklist Scrub screen (seen below). On this screen you will want to select a list you have already created and uploaded contacts into. Then just hit the submit button. The screen will verify you have enough credits in your account to perform the action, and it will tell you how much it will cost and ask you to confirm. Note that any contacts who have already UNSUBSCRIBED will automatically be filtered out as there is no need to check for them.
The right side of the screen will be populated with any contacts who have already been blacklisted by a previous scrub. When you submit the scrub, it will start the scrub process in the background and you will receive an email once it's completed with the results. Any blacklisted TCPA agents found will then show up on the screen when refreshed and they will also be marked as UNSUBSCRIBE for both text/rvm and email in the database. They will also be given a phone type of BAD_TCPA. See example below.
Because the contacts are marked as UNSUBSCRIBED, they will automatically be filtered / scrubbed from any future campaigns and all emails, texts, and RVMs.
Watch this video for a little demonstration.
If you have any questions, please contact support@textp2p.com
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