Ensuring TCPA Compliance in 2025: What Law Firms Need to Know

The Telephone Consumer Protection Act (TCPA), designed to curb unwanted telemarketing, should be top of mind for law firms engaging in any type of client acquisition — whether performing the work internally or outsourcing to a third party lead generation company. Recent lawsuits against plaintiffs’ firms underscore the risks of violating TCPA guidelines – violations that result in hefty fines and damage your firm’s reputation. In light of those lawsuits and with significant changes coming to the TCPA on January 27, 2025, now is the time for firms to conduct an audit of their practices and their lead generation partners’ practices, prioritize compliance, and avoid costly legal consequences.

What Is the TCPA, and Why Does It Matter?

The TCPA restricts telemarketing practices, including calls, texts, and the use of auto-dialer systems. Key provisions include obtaining explicit consent before contacting individuals and honoring requests to be added to "do not call" lists. Violations can result in lawsuits, steep fines, and reputational damage.

Here are some of the rules under the TCPA that businesses must abide by unless they have prior express consent: 

• No calls to residences before 8:00 a.m. or after 9:00 p.m. local time
• Maintain a company-specific "do-not-call" (DNC) list of consumers who asked not to be called; the DNC request must be honored for five years
• Must honor the National Do Not Call Registry
• Must provide their name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which that person or entity may be contacted
• Cannot solicit residences with an artificial voice or a recording
• Cannot send unsolicited advertising faxes

What is changing in January 2025?

In January, the Federal Communications Commission (FCC) will tighten TCPA, requiring one-to-one consent for all marketing communications. This means firms must secure explicit, documented permission before contacting potential clients—even for single, personalized outreach. Lead generation companies will no longer be able to rely on blanket consent through generic disclaimers or other marketing tactics. It's important to note that this responsibility extends beyond just the lead generation companies themselves. Law firms are ultimately accountable for the work done on their behalf by third-party vendors. Even if a third-party lead generation company handles client outreach, the firm is still liable for ensuring that all communications comply with TCPA regulations.

To stay ahead of the new FCC rules:

1. Audit Current Practices: Review your firm’s outreach methods and ensure all communications are supported by explicit consent records.
2. Train Staff on Compliance: Educate your team about TCPA regulations and the importance of honoring client preferences.
3. Leverage Technology: Platforms like SimplyConvert automate compliance processes, reducing the risk of human error.

Common TCPA Pitfalls for Law Firms

1. Failing to Obtain Proper Consent: Firms must ensure potential clients explicitly agree to receive communications, including details about how and when they may be contacted.
2. Not Updating Internal Processes: Outdated systems that lack opt-out capabilities or proper consent tracking can lead to violations.
3. Partnering with Non-Compliant Advertisers: Law firms are often held accountable for the actions of their marketing partners or lead generators.

How SimplyConvert Helps Firms Stay Compliant

If your firm uses SimplyConvert for advertising and client intake support, you can stop worrying. Our solutions are not only TCPA compliant, but also GDPR and HIPAA compliant so that law firms using our technology can rest assured they’re not violating these important laws without having to dive deep into the regulation weeds.

Using SimplyConvert’s platform, firms can navigate these challenges with ease. Here’s how:

• Integrated Consent Management: SimplyConvert captures and stores client consent during the intake process, ensuring compliance with TCPA requirements.
• Real-Time Communication Logs: All interactions—calls, texts, and emails—are logged, creating a verifiable record that can protect firms in case of disputes.
• Automated Do-Not-Call Management: The platform automatically updates "do not call" lists, preventing accidental outreach to clients who have opted out.
• Compliant Lead Generation: SimplyConvert’s tools integrate seamlessly with compliant lead sources, reducing liability associated with external advertising partners.

Why Compliance Is Non-Negotiable

Ignoring TCPA compliance is not just a legal or financial risk; it can also damage your firm’s reputation and client trust. By proactively addressing these challenges and leveraging tools like SimplyConvert, law firms can confidently navigate the new regulatory landscape while maintaining effective marketing practices.

If you’d like to discuss how SimplyConvert can help your firm ensure compliance with TCPA regulations, feel free to reach out for a consultation. Let’s set your firm up for success in 2025 and beyond.