Upcoming TCPA Changes in 2025: What Businesses Need to Know About Cold Outreach and Compliance
The Telephone Consumer Protection Act (TCPA) has been a cornerstone in regulating how businesses communicate with consumers since its inception in 1991. It governs telemarketing practices, including cold calling, texting, and email marketing, ensuring consumer rights are protected against intrusive or unwanted communications. As 2025 approaches, significant updates to the TCPA are expected, particularly concerning cold outreach methods. These changes aim to create more transparency and accountability, and businesses must adapt their practices to remain compliant. Let's explore the upcoming TCPA updates and how businesses can adjust their outreach strategies.
What is the TCPA?
The TCPA regulates telemarketing, text messaging, and automated communications, requiring businesses to obtain explicit consent before contacting consumers. It also enforces the National Do-Not-Call (DNC) Registry, ensuring individuals can opt out of unwanted communications. Violations of the TCPA can result in penalties of up to $1,500 per infraction, making compliance critical.
Key TCPA Updates in 2025
Stricter Regulations on Cold Calling
- Businesses engaging in cold calling will face enhanced restrictions, such as limited calling hours, stricter consent requirements, and real-time opt-out capabilities.
- Call Frequency Limits: Proposed changes may introduce stricter caps on the number of attempts to contact an individual within a set timeframe.
Cold Texting Controls
- Cold texting, which involves reaching out to potential customers without prior engagement, will require explicit consent before any message is sent.
- Opt-Out Enforcement: Businesses must ensure that recipients can easily opt out of further communications and that these requests are honored immediately.
- Automated Systems Regulation: Increased scrutiny on businesses using automated messaging systems to send cold texts.
Cold Email Marketing Transparency
- The TCPA updates are expected to align more closely with email privacy laws, requiring businesses to:
- Clearly disclose their identity in emails.
- Provide an accessible opt-out link in every message.
- Avoid misleading subject lines or content.
- Businesses may also need to verify the source of their email lists to ensure recipients have provided consent.
Enhanced Consumer Consent Practices
- For all forms of cold outreach, businesses will likely need to implement double opt-in processes to verify consumer intent.
- Renewed or refreshed consent may be required for continued communication, ensuring contact lists remain up-to-date.
DNC Registry Enforcement
- Businesses must frequently update their contact lists against the National DNC Registry to avoid accidental violations.
Higher Penalties for Non-Compliance
- The FCC is expected to increase fines for non-compliance, particularly for businesses engaging in cold calling, texting, or emailing without proper consent.
Cold Outreach: What Businesses Need to Do
Cold Calling Compliance
- Use TCPA-compliant dialing systems that can document consent and provide real-time opt-out capabilities.
- Avoid calling individuals listed on the DNC Registry unless they have provided explicit permission.
- Train staff to handle cold calls within TCPA guidelines, including adherence to calling hours and providing clear identification.
Cold Texting Compliance
- Obtain explicit, documented consent before sending any text messages.
- Include clear opt-out instructions in every text (e.g., "Reply STOP to unsubscribe").
- Avoid using automated systems to send bulk texts without confirming their compliance with TCPA requirements.
Cold Email Marketing Compliance
- Ensure all recipients have opted in to receive emails, even if they are part of a purchased list.
- Include a visible opt-out link in every email and honor requests immediately.
- Avoid spam-like practices, such as using misleading subject lines or over-saturating inboxes.
Best Practices for TCPA Compliance in 2025
Audit Your Contact Lists
- Regularly update your lists to remove individuals who have opted out or are on the DNC Registry.
- Verify the consent status of contacts, especially for cold outreach campaigns.
Use TCPA-Compliant Tools
- Invest in CRM and outreach platforms that ensure compliance with TCPA regulations, including tracking consent and opt-out requests.
Train Your Team
- Educate sales and marketing teams on the latest TCPA requirements and provide scripts or guidelines for cold calling, texting, and emailing.
Implement Double Opt-In Processes
- Require consumers to confirm their consent through a second step, such as clicking a link or replying to a text.
Monitor State Laws
- Some states may introduce additional restrictions or penalties for non-compliance, so stay informed about local regulations.
Consult Legal Experts
- Work with legal counsel specializing in telemarketing laws to review your practices and ensure compliance with the updated TCPA regulations.
Why Compliance is Essential
Failing to comply with the TCPA can result in steep penalties, legal challenges, and reputational damage. Businesses that embrace the upcoming changes as an opportunity to enhance transparency and respect consumer privacy will stand out in a crowded marketplace. Compliant cold outreach strategies can build trust and foster meaningful relationships with potential customers.
Great Information
If you comply with all 15 of these requirements you will be meeting the letter of the law (not legal advice–seek your own counsel or retain us to help draft your consent disclosure in accordance with your specific needs):
- Disclosure must reference language on button;
- Disclosure must reference SMS/MMS is those will be used in campaign;
- Disclosure must reference AI generative voice if will be used in campaign;
- Disclosure must reference marketing;
- Disclosure must be ABOVE companies to be selected and accept button;
- Disclosure must reference ESIGN Act;
- Disclosure must advise companies may call on seller's behalf;
- Disclosure must reference use of automated technology;
- Disclosure must allow consumer to select good/service providers individually;
- Disclosure must advise consent is not required to obtain any good/service/credit;
- A small "select all" option CAN be provided but must not be forced on consumer;
- Consumer must be able to obtain service without providing consent;
- Disclosure must mention prerecorded or artificial voice messages, if applicable;
- Only a reasonable number of companies should be displayed to consumer;
- Phone number should be supplied on same page as consent is provided.
Source: https://tcpaworld.com/2024/01/24/introducing-the-troutman-amin-fifteen-a-completely-free-template-consent-disclosure-to-comply-with-the-fccs-new-one-to-one-rule/
Conclusion
As 2025 approaches, businesses must prepare for the evolving landscape of consumer communications under the updated TCPA. Whether you rely on cold calling, texting, or email marketing, staying compliant will protect your business from costly penalties while enhancing your brand's credibility. By implementing the recommended practices and staying informed about regulatory changes, you can create effective, compliant marketing campaigns that resonate with your audience.