TCPA Consent Gap Liability Calculator
Dialers and lead buyers are facing heavier TCPA scrutiny. Input how many calls or texts you sent, the share missing consent proof, and what fraction might be deemed willful. The calculator multiplies those counts by the $500 statutory minimum (or a custom amount) and the $1,500 treble penalty to reveal total exposure.
This tool is not legal advice. Review TCPA compliance, double opt-in workflows, and indemnity clauses with qualified counsel before launching or continuing outbound campaigns.
Examples
- 50,000 calls, 8% missing consent, 25% willful ⇒ Non-compliant contacts: 4,000.00 • Estimated statutory exposure: $3,500,000.00 USD • Average penalty per contact: $875.00 USD • Portion assumed willful: 25.00% • Portion standard: 75.00%
- 120,000 SMS, 3% non-compliant, no willful cases, $600 base damage ⇒ Non-compliant contacts: 3,600.00 • Estimated statutory exposure: $2,160,000.00 USD • Average penalty per contact: $600.00 USD • Portion assumed willful: 0.00% • Portion standard: 100.00%
FAQ
How do I model multiple campaigns?
Run the calculator for each campaign and sum the exposures, or aggregate total calls and consent gaps if the consent quality is similar across campaigns.
Can settlements exceed the statutory limits?
Yes. Plaintiffs often negotiate above the statutory floor when nuisance damages, legal fees, or state laws stack on top. Use the base damage field to reflect any higher assumptions.
Where do I get the non-compliant percentage?
Combine CRM consent audits, suppression list mismatches, and vendor attestations. The higher the uncertainty, the more conservative your percentage should be.
Additional Information
- The base damage defaults to $500 per call/text and increases to $1,500 when the violation is willful or knowing per TCPA guidelines.
- Contacts lacking written consent include records with expired opt-ins, missing disclosures, or leads sourced from unvetted partners.
- Average penalty per contact highlights the blended dollar risk across all non-compliant records in the campaign.