TCPA Answers
Vendors

We bought a list the vendor said was clean. Does that matter?

Not as a defence. A vendor’s assurance is not a consent record or a scrub report. What matters is whether, for each listed number, you can produce written consent in the FCC’s form or a registry scrub within 31 days of the call.

It matters for your claim against the vendor. It does not matter as a defence to the person who was called. The TCPA does not have a "we were told it was fine" exception. What a court looks for is evidence: for a marketing call made with an automated system to a cell phone, prior express written consent in the form 47 C.F.R. § 64.1200(f) describes; for a call to a number on the National Do Not Call Registry, a scrub against a version of the registry obtained within the previous 31 days, or written consent, or an established business relationship within the rule's limits. A vendor's statement that the list was clean is none of those. Why the claim still runs against you is explained in is my business liable if a vendor made the calls.

What "clean" has to mean

The vendor saidWhat would actually need to exist
"Scrubbed against the DNC"A scrub report dated within 31 days before each call, against the registry for the area codes called
"All opted in"A consent record per number: form as rendered, your business named, automated-contact disclosure, timestamp, signature or equivalent
"TCPA compliant"Both of the above, plus calling-hours controls and honoured opt-outs

What to do now

Write to the vendor today for the consent record and scrub report for every number in the letter, with a date before your deadline, and give notice under the contract's indemnity. What comes back decides the matter. Consent in the right form for a number removes it from the count. Nothing, or a spreadsheet with a column that says "yes", means the item stands and the cost is yours to recover from the vendor later, if you can. See does a web form count as consent.

People also ask

What does "scrubbed" actually require?

Under 47 C.F.R. § 64.1200(c)(2)(i)(D), the version of the National Do Not Call Registry used must have been obtained no more than 31 days before the call. A scrub from three months ago does not count for a call made today.

The vendor says the leads were "opted in". Is that enough?

Only if they can produce the opt-in: the form as the person saw it, naming your business, with the automated-calls disclosure, the number, a timestamp and a signature or equivalent. "Opted in" without the record is an assurance, not consent.

Can I sue the vendor for selling me a bad list?

Possibly, under the contract. That is a separate claim and does not reduce what the person called can recover from you.