Two regulatory changes are reshaping risks associated with the TCPA in 2025. First, as of January 27, 2025, the FCC’s new “one-to-one” consent rule requires businesses to obtain  written consent from individual consumers for each marketer sending robocalls or texts. This rule closes the “lead generator loophole,” which allowed multiple businesses to contact a consumer from one consent.

Second, starting April 11, 2025, consumers can revoke consent through any reasonable method, such as replying “STOP” to a text or submitting a request online. Marketers must honor these revocations within 10 business days. 

These changes significantly raise the bar for compliance — and the risk of violations. A single unsolicited message to 10,000 recipients could result in 10,000 violations, each carrying statutory penalties. For willful violations, fines can reach $1,500 per incident.

While call centers and collection agencies are the most obvious targets, the rise of multi-channel marketing means TCPA exposure now extends to:

• Plaintiff law firms marketing directly to injured individuals
• Businesses using automated messaging platforms
• Companies purchasing third-party leads
• Any firm using text, voice, or even fax communications

A single misstep — like sending a fax without proper consent — can trigger costly litigation.

To stay ahead of exposure to TCPA violations and avoid costly litigation, businesses should take the following proactive steps:

• Audit all outbound communications: Review how your organization uses phone calls, text messages, faxes, and automated systems to contact clients or prospects.
• Verify consent protocols: Ensure you have clear, documented, and specific consent for each type of communication — making sure to comply with the “one-to-one” consent rule.
• Implement opt-out mechanisms: Make it easy for recipients to revoke consent and ensure your systems honor opt-outs within the required 10 business days.
• Train your marketing and compliance teams: Educate staff on requirements of the TCPA and the risks of non-compliance, especially in multi-channel campaigns.
• Review your insurance policies with your broker: Check whether your current Professional Liability or Management Liability policies include affirmative TCPA coverage.

Many standard insurance policies exclude TCPA-related claims. These policies can also exclude fines, penalties, and sanctions.

However, professional and management liability policies from Munich Re Specialty – North America’s Financial Lines team can offer affirmative TCPA coverage. Munich Re Specialty offers the following professional liability coverages: Miscellaneous Professional Liability, Excess Accountants Professional Liability and Lawyers Professional Liability.

When it comes to TCPA-related coverage, professional liability policies are generally the most dependable option. Although some management liability policies may offer similar protection, many explicitly exclude TCPA violations, making professional liability coverage a crucial consideration. As a result, brokers and agents should emphasize the importance of professional liability insurance when counseling clients on these specific risks.

1. Review client operations for any outbound communications — calls, texts, faxes, or automated messages.
2. Check existing policies for affirmative TCPA coverage and sublimits.
3. Advise clients in high-risk sectors (e.g., collections, legal marketing, lead generation) to secure MPL or LPL policies with TCPA endorsements.
4. Partner with Munich Re Specialty, a market leader in offering tailored TCPA coverage solutions.

With limited markets willing to cover risks associated with the TCPA, Munich Re Specialty stands out by offering thoughtful, flexible coverage options. Brokers are encouraged to reach out — especially when working with clients in telemarketing, collections, or legal marketing — to ensure they are protected against this evolving exposure.