TCPA Defense Guide

Defenses / About

About this site

Updated 2026-11-03

TCPA Defense Guide sets out the defenses to a TCPA claim, how each one actually works, and the evidence you need to run it. It is written for the business that received a letter and wants to know, before paying or calling a lawyer, which defenses are real on its facts.

Why a sender would publish a defense guide

Because a claim that is answered with evidence resolves faster and more accurately than one that is answered with anger or silence. A business that knows which defenses exist, which claims each one reaches, and what records prove it can tell in an afternoon whether a listed call is defensible. That is better for everyone than a dispute built on "we had consent" with nothing behind it.

Who it is for

The owner or compliance lead of a business that makes or buys outbound calls and texts, and the lawyer they bring in. The pages assume you can read a statute citation and a dialer export. They are written so that a lawyer can hand one to a client and not have to correct it.

What it does not do

It is not legal advice. It is general legal information about federal law and, where noted, Florida law. Which defence fits your facts is a question for counsel admitted in your state, and several pages say when that is worth doing. The site does not rate, review or recommend law firms, enforcement firms or outcomes.

Sources and accuracy

The statute is 47 U.S.C. § 227. The FCC's rules are at 47 C.F.R. § 64.1200. Florida's statute is Fla. Stat. § 501.059. The limitations period comes from 28 U.S.C. § 1658. Cases are cited only where the holding can be stated with confidence: Facebook, Inc. v. Duguid, 592 U.S. 395 (2021); Spokeo, Inc. v. Robins, 578 U.S. 330 (2016); TransUnion LLC v. Ramirez, 594 U.S. 413 (2021); Morgan v. Sundance, Inc., 596 U.S. 411 (2022). Where the law is unsettled the page says so rather than picking a side.