The Telephone Consumer Protection Act (TCPA) continues to be a major source of litigation risk for businesses engaged in outbound marketing. In the first quarter of 2025, litigation under the TCPA surged dramatically, with 507 class action lawsuits filed — more than double the volume compared to the same period in 2024. This steep rise reflects shifting enforcement patterns and a growing emphasis on consumer communications practices. Companies should be aware of several emerging trends and evolving interpretations that are shaping the compliance environment.

TCPA Class Action Trends

In the first quarter of 2025, 507 TCPA class actions were filed, representing a 112% increase compared to the same period in 2024. April filings also reflected continued growth, indicating a sustained trend.

Key statistics:

  • Approximately 80% of current TCPA lawsuits are class actions.
  • By contrast, only 2%-5% of lawsuits under other consumer protection statutes, such as the Fair Debt Collection Practices Act (FDCPA) or the Fair Credit Reporting Act (FCRA), are filed as class actions.

This trend highlights the unique procedural and financial exposure associated with TCPA compliance.

Time-of-Day Allegations on the Rise

There has been an uptick in lawsuits alleging that companies are contacting consumers outside of the TCPA’s permitted calling hours — before 8 a.m. or after 9 p.m. local time. In March 2025 alone, a South Florida firm filed over 100 lawsuits alleging violations of these timing restrictions, many of which involved text messages.

Under the TCPA, telephone solicitations are not permitted during restricted hours, unless:

  • The consumer has given prior express permission;
  • There is an established business relationship; or
  • The call is made by or on behalf of a tax-exempt nonprofit organization.

It is currently unclear whether these exemptions definitively apply to time-of-day violations. A petition filed with the FCC in March 2025 seeks clarification on whether prior express consent precludes liability for messages sent during restricted hours. The FCC accepted the petition and opened a public comment period that closed in April.

Drivers of Increased Litigation

Several factors appear to be contributing to the rise in TCPA filings:

  • An increase in plaintiff firm activity and case volume;
  • Ongoing confusion regarding the interpretation of revocation rules; and
  • Continued complaints regarding telemarketing practices, including unwanted robocalls and text messages.

These dynamics reflect a broader trend of regulatory and private enforcement in the consumer protection space.

Compliance Considerations

Businesses should take steps to ensure their outbound communication practices are aligned with current TCPA requirements. This includes:

  • Documenting consumer consent clearly at the point of lead capture;
  • Ensuring systems adhere to permissible calling and texting times;
  • Reviewing policies and procedures for revocation of consent; and
  • Seeking guidance from counsel with experience in consumer protection laws.

Conclusion

The volume and nature of TCPA litigation in 2025 underscore the need for proactive compliance. Companies should treat consumer communication compliance as a core operational issue. Regular policy reviews, up-to-date systems, and informed legal support are essential to mitigating risk in this evolving area of law.

Photo of Alexis M. Buese Alexis M. Buese

Alexis Buese’s practice involves all aspects of commercial litigation, with an emphasis on class action, contract disputes, and real estate and consumer class action litigation. She has broadly defended the consumer products and services industries against the expanding array of class actions that…

Alexis Buese’s practice involves all aspects of commercial litigation, with an emphasis on class action, contract disputes, and real estate and consumer class action litigation. She has broadly defended the consumer products and services industries against the expanding array of class actions that challenge their products, methodologies, and procedures. Her clients include numerous consumer goods manufacturers and retailers, including apparel, furniture, food, vitamin and dietary supplement companies, and e-commerce companies. Alexis regularly represents clients in telemarketing litigation brought under the Telephone Consumer Protection Act (TCPA), Florida Telephone Solicitation Act (FTSA), and other state telemarketing and consumer protection laws, and she frequently writes and speaks on telemarketing compliance.

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Photo of Stephen Parsley Stephen Parsley

Stephen Parsley practices primarily in the Banking and Financial Services Practice Group, where he assists clients with complex and dispositive motions, appeals, compliance, and general strategy.

Stephen has litigated hundreds of cases in federal and state courts, including several oral arguments before the…

Stephen Parsley practices primarily in the Banking and Financial Services Practice Group, where he assists clients with complex and dispositive motions, appeals, compliance, and general strategy.

Stephen has litigated hundreds of cases in federal and state courts, including several oral arguments before the Ninth Circuit Court of Appeals. In addition to his extensive appellate experience, he often assists clients at the trial level by briefing motions. Stephen strives to keep the big picture in view for his clients by not only winning individual cases, but promoting client interests across the range of relevant legal and business issues. View articles by Stephen

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