TCPA Violations and Fines: What Agents Risk Per Call

What Counts as a TCPA Violation for an Insurance Agent?

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, and the FCC's rules under it (47 CFR 64.1200) set the federal rules for telemarketing calls and texts. For a final expense agent or agency, a TCPA violation usually comes from one of three places: calls made with an autodialer or an artificial or prerecorded voice without the required consent, telephone solicitations that break the do-not-call rules, or caller ID that is falsified.

The statute does not set one fine. It sets different remedies for different violations and gives them to different enforcers: consumers who sue, the FCC, and state attorneys general. Keeping those apart is the first step to understanding what a single call can cost.

How Much Are TCPA Fines Per Call?

The table below summarizes the main federal exposures as written in the U.S. Code and the FCC's current penalty levels. Amounts are maximums or statutory figures, not predictions of what any case will produce.

Type of exposure	Who brings it	Amount	Source
Autodialer, prerecorded or artificial-voice violations (subsection (b))	The person who received the call (private lawsuit)	Actual monetary loss or $500 per violation, whichever is greater. A court may increase the award to up to three times that amount if the violation was willful or knowing.	47 U.S.C. 227(b)(3)
Do-not-call violations (subsection (c) rules)	A person who received more than one call within any 12-month period by or on behalf of the same entity in violation of the rules (private lawsuit)	Actual monetary loss or up to $500 per violation, whichever is greater; up to three times that amount if willful or knowing.	47 U.S.C. 227(c)(5)
Pattern or practice of violations	A state attorney general or other official designated by the state, on behalf of residents	Actual monetary loss or $500 for each violation; up to three times that amount if willful or knowing.	47 U.S.C. 227(g)(1)
Subsection (b) violations found by the FCC	The FCC (forfeiture)	A forfeiture under 47 U.S.C. 503(b), plus an additional penalty for violations committed with intent (up to $10,000 in the statute; up to $12,266 at the inflation-adjusted level the FCC currently applies).	47 U.S.C. 227(b)(4); 47 CFR 1.80(b)
Caller ID spoofing (Truth in Caller ID Act)	The FCC (forfeiture)	Up to $14,432 per violation, or three times that amount for each day of a continuing violation, with a cap of $1,443,275 for any single act or failure to act (inflation-adjusted levels).	47 U.S.C. 227(e)(5)(A); 47 CFR 1.80(b)

For a case that doesn't fall into the FCC's categories for broadcasters, common carriers or cable operators, the general maximum forfeiture at the current level is up to $25,132 per violation or per day of a continuing violation, up to $188,491 for any single act or failure to act.

Why Do TCPA Damages Add Up So Fast?

The private remedies in 47 U.S.C. 227(b)(3) and (c)(5) are counted per violation. Under 227(b)(3), one unlawful call carries $500 of statutory damages, or actual loss if greater; if a court finds the violation was willful or knowing, it may award up to $1,500 for that call. Under 227(c)(5), the statutory amount is up to $500 per violation, with the same trebling for willful or knowing violations. Multiply either figure by every call on a list and the total grows quickly, which is why consent and do-not-call records matter more than any single call script.

The do-not-call remedy has a threshold the robocall remedy does not: the person must have received more than one call within any 12-month period by or on behalf of the same entity in violation of the rules. The statute also gives a defendant an affirmative defense if it shows it had established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of the rules (47 U.S.C. 227(c)(5)).

How Do FCC Forfeitures Differ From TCPA Lawsuits?

A private lawsuit is a claim for damages by the person who was called. An FCC forfeiture is a civil penalty owed to the United States. Under 47 U.S.C. 227(b)(4), the FCC must give notice before it determines forfeiture liability, and it may not impose penalties under both the general and the intent provisions for the same conduct.

The statute also sets time limits. The FCC cannot impose a general subsection (b) forfeiture for a violation that occurred more than one year before the required notice, or an intent-based penalty for a violation more than four years before it (47 U.S.C. 227(b)(4)(E)). For caller ID spoofing, the limit is four years before the notice is issued (47 U.S.C. 227(e)(5)(A)).

The FCC normally adjusts its penalty amounts for inflation each year. In a public notice released June 17, 2026 (DA 26-600), the FCC's Enforcement Bureau said there will be no inflation adjustments for 2026 and that the Commission will follow the Office of Management and Budget's instruction to continue using the 2025 penalty levels. The figures in this article are those 2025 levels, adopted effective January 15, 2025.

What Does a Real FCC Enforcement Action Look Like?

In a Forfeiture Order adopted March 17, 2021 (FCC 21-35), the FCC assessed a $225,000,000 forfeiture against John C. Spiller and Jakob A. Mears, who operated as Rising Eagle and related companies. The FCC found that the operation made approximately one billion health insurance-related robocalls in the first four and a half months of 2019, marketing short-term, limited-duration health insurance plans. The order was based on the Truth in Caller ID Act, 47 U.S.C. 227(e), and the FCC's caller ID rule, 47 CFR 64.1604.

The prerecorded messages named Aetna, Blue Cross Blue Shield, Cigna and UnitedHealth Group. The FCC found Rising Eagle had no connection with at least two of those companies. The case is an extreme one, but it shows how the FCC treats insurance marketing calls that disguise who is calling.

What Rules Should Agents Check to Avoid TCPA Violations?

Before using an autodialer (as the FCC defines it) or an artificial or prerecorded voice for telemarketing calls to wireless numbers, confirm you hold prior express written consent: a signed written agreement that authorizes the seller to deliver those calls, names the phone number, and discloses that signing is not a condition of purchase (47 CFR 64.1200(a)(2), (f)(9)).
Scrub against a copy of the National Do Not Call Registry obtained no more than 31 days before the call, and keep records of the process (47 CFR 64.1200(c)(2)(i)(D)).
Record do-not-call requests when they are made and honor them within a reasonable time, not to exceed ten business days (47 CFR 64.1200(d)(3)).
Honor revocations of consent made by any reasonable method within a reasonable time, not to exceed ten business days, for autodialed, prerecorded or artificial-voice calls and texts and for telemarketing calls to numbers on the National Do Not Call Registry (47 CFR 64.1200(a)(10)).
Keep telephone solicitations to residential subscribers between 8 a.m. and 9 p.m. at the called party's location (47 CFR 64.1200(c)(1)).
Never transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm or wrongfully obtain anything of value (47 U.S.C. 227(e)(1)).
If vendors or call centers dial for you, ask counsel how calls made on your behalf are treated, since the do-not-call remedy reaches calls made "by or on behalf of" the same entity.
Ask counsel about state telemarketing laws, which can add their own rules and penalties.

Where Do Inbound Calls Fit?

The TCPA's restrictions in subsection (b) and the do-not-call rules address calls that are made to a consumer. How they apply when the consumer places the call, and to any later callback, is a question to take to counsel rather than assume. For a side-by-side look at the two models, read Inbound vs Outbound Leads for Final Expense Agents. Agents working older lead lists can also review the federal calling rules for aged final expense leads.

For more on CallX, see the pages for agents and agencies, or browse the resources page.

Frequently Asked Questions

What Is the Fine for a TCPA Violation?

In a private lawsuit, the statute provides actual monetary loss or $500 per violation, whichever is greater, for robocall and autodialer violations (47 U.S.C. 227(b)(3)), and actual monetary loss or up to $500 per violation, whichever is greater, for do-not-call violations (47 U.S.C. 227(c)(5)). A court may award up to three times those amounts for willful or knowing violations. FCC forfeitures and state attorney general actions are separate.

Can TCPA Penalties Be Tripled?

Yes. For private lawsuits under 47 U.S.C. 227(b)(3) and (c)(5), and state actions under 227(g)(1), a court may increase the award to up to three times the amount available if it finds the violation was willful or knowing.

Who Can Sue for a TCPA Violation?

The person who received the unlawful call can sue under 47 U.S.C. 227(b)(3) or (c)(5). A state attorney general or other designated state official can sue on behalf of residents when there is reason to believe a person engaged in a pattern or practice of violations (47 U.S.C. 227(g)(1)).

How Much Can the FCC Fine for Caller ID Spoofing?

At the inflation-adjusted level the FCC currently applies, up to $14,432 per violation, or three times that for each day of a continuing violation, capped at $1,443,275 for any single act or failure to act.

Did FCC Penalty Amounts Change in 2026?

No. The FCC's Enforcement Bureau announced in June 2026 that there will be no 2026 inflation adjustments and that it will continue using the 2025 penalty levels.

This article is general education, not legal advice. It summarizes federal law as published in the U.S. Code and federal regulations as published in the eCFR in October 2026, along with FCC releases; state laws can add requirements and penalties. Confirm your calling practices with counsel or your compliance team.

TCPA Violations and Fines: What an Insurance Agent Risks Per Call