How to Avoid TCPA Bombs

Don’t Let TCPA Lawsuits Blow up Your Business: How to Get Protection with Rock-Solid Consent

Picture this: You’re running a thriving business, your phone lines are buzzing with outbound and inbound calls and transfers. Life is good—until wham! A TCPA lawsuit lands on your desk, threatening fines that could potentially destroy your company.  Not so good any longer.  You just hit the wall, and you hit it hard.

In 2025, Telephone Consumer Protection Act (TCPA) lawsuits are dropping like a Caitlin Clark 3-pointer, with filings up over 100% YOY. That’s not just a trend; it’s a full-blown legal tsunami! But don’t panic—capturing consent like a pro can keep your business and call operations on Easy Street..

Let’s dive into how to dodge those TCPA traps and keep your company thriving, with a little help from tools like ActiveProspect, Jornaya, and CallerConsent.

Why Are TCPA Lawsuits Skyrocketing in 2025?

“Because that’s where the money is.”
- Willie Sutton in 1933 when asked why he robbed banks.

Not much has changed. Businesses have always been attractive targets.  The deeper the pockets, the more attractive they become. With fines of $500 to $1,500 per call or text and numerous ways to fall into traps that result in lawsuits and demand letters, this is a rich (pun intended) environment for exploitation.

The numbers tell the story: From January to April 2025, 880 TCPA lawsuits were filed, a 44% jump from the same period last year. Why the surge? Consumers are savvier, lawyers are hungrier, and new rules around opt-outs and consent can be challenging to navigate. Plus, state-level “mini-TCPA” laws are popping up, giving plaintiffs’ firms more ways to penetrate vulnerabilities. The good news? You can protect yourself by turning consent into your business’s VIP pass. Let’s break it down.

Consent: Your Golden Ticket to TCPA Compliance

Think of consent as the secret handshake that gets you into the “no lawsuits” club. The TCPA demands express written consent before you send automated marketing messages. That means no sneaky fine print or assuming someone’s cool with you calling just because they visited your website or called into your company.

Consent needs to be clear, specific, and documented.

Here’s how to make consent your superpower:

• Be Clear and Upfront: Tell consumers exactly what they’re signing up for—calls, texts, or both—and from whom. No vague “we’ll contact you” nonsense.

• Document Everything: Keep records of consent like they’re your grandma’s secret chocolate chip cookie recipe. You’ll need proof if a lawsuit comes your way.

• Use the Right Tools: This is where tech heroes like ActiveProspect, Jornaya, and CallerConsent swoop in to save the day.

Let’s zoom in on how these tools can make your consent game bulletproof, whether you’re capturing leads online or handling inbound calls, transfers, or calling back missed calls..

Capturing Consent on Lead Forms with ActiveProspect and Jornaya

If your business relies on data collected from online lead forms, either through your owned and operated sites or through those of your partners, there are excellent and reliable services you can use to protect yourself and your company.  The goal, here, is to document proof that you obtained consent to make a call to a consumer. Without this consent, and proof thereof, those leads can turn into legal landmines. Enter ActiveProspect and Jornaya, the dynamic duo of TCPA compliance for lead forms.

ActiveProspect’s TrustedForm is like a digital notary for your leads. It documents consent in real-time, creating a TrustedForm certificate that records the exact moment a consumer says, “Yup, call me!” This certificate includes details like the consumer’s IP address, timestamp, and even a video replay of their form submission. It’s like having a security camera for your lead gen, ready to prove you followed the rules if a lawyer comes sniffing. ActiveProspect’s blog even notes that TrustedForm is designed to “independently verify and document consumer consent,” making it a must-have for dodging TCPA drama. 

Jornaya, now part of Verisk Marketing Solutions, operates similarly to TrustedForm in the sense that it documents consent on lead forms.  There are differences in the “playback” quality and limitations in the flexibility, access, and control of the proof of consent, but Verisk does offer exceptional consumer behavioral insights that may be attractive to some companies, especially in Insurance and Mortgage.

How to Use Them:

Both services are easily installed in a web form and, for most use cases, only take a few minutes to get up and running. With ActiveProspect and Jornaya, your lead forms become Fort Knox for compliance, keeping lawsuits at bay while you focus on closing deals. 

ActiveProspect also offers LeadConduit, an easy to use platform for claiming your consent certificates, validating and enhancing lead data with top data providers, and routing data with nearly unlimited rules and logic.

Capturing Consent on Inbound Calls, Transfers, and Even Missed Calls with CallerConsent

Now, let’s talk about inbound calls and transfers—those moments when a customer calls you or gets passed to your sales team. If there is a possibility of making a call back to that consumer, consent is just as critical here. This is where CallerConsent can diffuse the bombs..

CallerConsent helps your agents capture and document consent during live calls. The service is near frictionless for both agent and consumer and consent can be captured in seconds, using your approved consent language.

Is your company missing phone calls?  That’s just money falling to the floor. Turn missed calls into new customers, safely with AI.

With CallerConsent’s AI Agent, you can not only capture caller information and call back preferences, but also capture express written consent so you can actually call them back safely.  That’s right, you’ll come into the office every day to a list of missed calls with consent already captured for you to follow up with.  Pretty awesome..

By using CallerConsent, you’re not just dodging lawsuits—you’re building trust with customers who appreciate your transparency.

Wrapping It Up: Stay Compliant, Stay Cool

TCPA lawsuits in 2025 are like a bomb that can devastate your business, but with the right consent strategy, you can stay protected and keep the lawyers away. 

Tools like ActiveProspect’s TrustedForm, Jornaya’s TCPA Guardian, and CallerConsent are your minesweepers, ensuring every lead and call is backed by ironclad consent. From lead forms to inbound calls of all types, these tools make compliance easy—set it up, let it work, and enjoy the peace of mind.

So, what’s the takeaway? Be clear, document everything, and lean on tech to keep your business TCPA-proof. With 880 lawsuits filed in just the first four months of 2025, the stakes are high, but the fix is simple. Grab consent on every engagement and you’ll keep your business lawsuit-free. Now go out there, make those calls, and keep the good times rolling—compliance style.

For more information;
ActiveProspect Trusted Form; https://activeprospect.com/trustedform/
Jornaya (Verisk); https://marketing.verisk.com/
CallerConsent; https://callerconsent.com