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TCPA Compliance for Auto Dialers in the USA (2026) — The Mobile-First Way

2,628 TCPA lawsuits were filed in 2025 — up 60%. The FCC's 1:1 consent rule, STIR/SHAKEN attestation enforcement, and tightened solar/mortgage lead rules make 2026 the highest-risk year ever for US outbound sales. This page is the compliance hub: penalties, requirements, and why mobile-first SIM dialers like DialMaster reduce risk structurally.

TCPA Compliance for Auto Dialers in the USA (2026) — The Mobile-First Way

Why DialMaster

Built for the way you actually sell

STIR/SHAKEN Level A automatic

Calls placed through your Verizon/T-Mobile/AT&T cellular SIM receive Level A attestation by default — the highest carrier-level trust.

1:1 consent metadata storage

Each lead carries consent source, date, topic, and source URL. Defensible audit trail under the FCC's 2025 rule.

Instant DNC suppression

One-tap 'Mark DNC' permanently removes the number from all future queues with timestamped audit log.

No shared VOIP DID risk

Your real cellular number = your reputation. No risk of inheriting carrier-side spam scoring from previous DID tenants.

Free Forever plan

100 free daily compliant calls. No credit card. No trial expiry. Compliant by default.

Works for solar, mortgage, real estate, insurance

Specifically built for the outside-sales verticals most affected by the FCC's 2024 enhanced restrictions.

TCPA Risk: DialMaster vs Desktop VOIP Dialers

FeatureDialMasterPhoneBurner / Mojo / Kixie / Aircall
STIR/SHAKEN attestationLevel A (real SIM)Level B typical (VOIP)
Number reputation riskYour number, your reputationShared DID pools
1:1 consent storagePer-lead metadataPlatform-aggregated
Instant DNC revocationOne-tap, global suppressionManual list management
Pre-call DNC checkImported-list flagAdd-on service
Cost per agent / month$0 – $5.99$85 – $214

Core TCPA Rules (60-Second Summary)

  1. 1:1 Consent. Every contact must have a consent record naming your specific company.
  2. National DNC scrub within 31 days of each campaign. State DNC registries must be checked separately for 12 states.
  3. STIR/SHAKEN Level A attestation for clean caller-ID presentation.
  4. Instant revocation when a contact requests removal.
  5. AI-voice = automated. AI calls require the same opt-in consent as old robocalls.

Penalty Schedule (Per Call, Not Per Campaign)

  • Negligent violation: $500 per call
  • Willful violation: $1,500 per call
  • Class action exposure: $500–$1,500 × class size, often resulting in $5M+ judgments
  • No per-campaign or per-year cap — a single non-compliant campaign can generate seven-figure liability

Why VOIP Dialers Increase TCPA Risk Structurally

VOIP DIDs (used by PhoneBurner, Kixie, Mojo, Aircall, CallHippo) carry three compliance risks that real-SIM mobile dialers don't:

  • Level B attestation. Carriers can't verify the actual caller, so calls get downgraded — increasingly flagged "Spam Likely."
  • Number recycling. Pooled DIDs carry reputation from previous tenants.
  • Muddied consent chain. Plaintiff lawyers exploit the platform's intermediation in court.

Frequently Asked Questions

Are auto dialers legal in the United States in 2026?

Yes, provided you have 1:1 express written consent for each contact, scrub against National DNC + applicable state registries, achieve Level A STIR/SHAKEN attestation, and honor revocation requests.

What's the TCPA penalty per call in 2026?

$500 per call for negligent violations, $1,500 per call for willful violations. A single non-compliant 200-call campaign can result in $100,000–$300,000 liability. Class actions can reach $5M+.

Does DialMaster work with US carriers?

Yes. DialMaster works with any US Android cellular SIM (Verizon, T-Mobile, AT&T, Mint, Visible, US Mobile, etc.). Free Forever plan covers 100 free daily compliant calls.

How does DialMaster handle the 1:1 consent rule?

Each imported lead carries a consent metadata field — source URL, timestamp, topic. Reps can verify consent before each call and the audit trail is preserved on-device.

What about state DNC registries beyond National DNC?

DialMaster supports importing pre-scrubbed lists with DNC tags. The app respects suppression globally. For state-level scrubs, use Possible Now, Compliance Point, or similar services before import.

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