TCPA TOOLKIT

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    TCPA Investigator’s Toolkit

    Gather the right facts fast for Telephone Consumer Protection Act (TCPA) matters. Nothing here is legal advice; it’s educational. When in doubt, talk to an attorney.

    Quick Start: What to Collect Right Away

    You Should Have:

    • Dates/times of every call or text (screenshots if possible)
    • Full phone numbers used (including any short codes) and caller ID names
    • Voicemails and recordings (save the audio files)
    • Any opt-in pages, emails, or texts they remember interacting with
    • Call-blocking app logs (Hiya, Truecaller, RoboKiller) and device call logs
    • Notes about live-agent vs. prerecorded/artificial voice

    From your phone/device:

    • Export call history screenshots
    • Save SMS threads as PDFs or screenshots
    • Preserve voicemail files (download .m4a/.mp3)
    • If Android: enable developer “bug report” only if comfortable (can capture telecom logs)

    Send a preservation letter (see template below) within 24 hours to relevant carriers/platforms.

    How to Figure Out Who Is Calling

    1. Confirm the Calling Number Type
      • 10-digit (10DLC), toll-free (800/888/877/866/855/844/833/822), or short code (5–6 digits)?
      • Note variations in caller ID display and any spoofing indicators.
    2. Identify the Underlying Carrier or Messaging Provider
      • Use a carrier/LRN lookup (local routing number) to see the current carrier-of-record.
      • For texts, note whether it’s 10DLC (A2P via a provider), toll‑free SMS, or short code.
    3. Trace Through the Likely Path
      • Many campaigns originate from telephony platforms (e.g., Bandwidth, Onvoy/Inteliquent, Twilio, Telnyx, Plivo, RingCentral) on behalf of a brand/lead generator/marketer.
      • Subpoena or request business records from the platform and the downstream customer (see “Subpoena Scope” below).
    4. Corroborate With Open-Source Clues
      • Reverse-number sites (crowd reports), WHOIS/domain history for landing pages, LinkedIn/BBB listings, and corporate filings.

    Reverse Phone & Caller Research (OSINT)

    Tip: Cross‑check across several tools; look for consistent data points (same business name, address, or domain) rather than a single hit.

    Crowd report & spam intel

    • 800notes • WhoCallsMe • ShouldIAnswer • Robokiller lookup • Hiya/Truecaller community entries

    People/business directories (use cautiously; verify)

    • Whitepages • Spokeo • BeenVerified • Intelius • FastPeopleSearch • Radaris • AnyWho

    Carrier/LRN & CNAM lookups

    • LRN/OCN lookup tools (identify current carrier-of-record)
    • CNAM dip tools (caller‑ID name where available)

    Short code & toll‑free

    • U.S. Short Code Directory (ownership/brand)
    • Toll‑free SMS registries/lookup via messaging providers

    Domain & web footprint

    • ICANN WHOIS • SecurityTrails/OpenCorporates • BuiltWith (tech stack) • Wayback Machine (archived opt‑in pages)

    Social & business

    • LinkedIn (employee roles like “Outreach,” “Lead Gen,” “Dialer Ops”) • BBB profiles • Google Business Profiles • State AG actions/consent decrees

    Company Research Tools

    Corporate identity & affiliates

    • State Secretary of State entity searches (all 50 states + DC)
    • OpenCorporates (cross‑jurisdiction entity graph)
    • Trademark database (USPTO) for brand ties

    Regulatory & litigation footprint

    • PACER / CourtListener (dockets involving the number/brand)
    • FTC/FCC enforcement actions and press releases
    • State AG consumer protection announcements

    Marketing infrastructure

    • DNS records (SPF/DKIM/DMARC), MX records (email provider)
    • Tag scanners (identify analytics/lead capture scripts)
    • Cookie consent & privacy policy archives (to compare historical disclosures)

    Lead Generators: How to Spot Them & Get Proof

    Common signals

    • Generic comparison or sweepstakes sites; forms that route to many “partners”
    • Fine‑print consent blocks naming multiple companies or saying “our marketing partners”
    • Rapid follow‑up calls from different brands after a single form submission

    Proof to request

    • Full lead file (fields captured, timestamps, IP, user agent)
    • Consent certificate (e.g., TrustedForm, Jornaya/LeadiD) with the snapshot URL
    • Source URL and referrer URL (including UTM parameters)
    • Ping‑post logs (if used): bid, buyer, and transaction IDs
    • Vendor contracts & SOWs between advertiser and lead vendor/affiliate

    What to examine

    • Was the consent clear and conspicuous? Was prerecorded/artificial voice disclosed?
    • Was the consent prior express (or prior express written for marketing/prerecorded)?
    • Does the consent cover the actual caller/texter, or only “partners” (often insufficient)?
    • Timestamp/IP should align with the consumer’s location and device type.

    Phone Records: Where & How to Obtain

    Always send a preservation letter first. Carrier/legal department details change; verify current instructions on each carrier’s official legal process page before serving.

    Major wireless carriers (consumer accounts)

    • AT&T – Call/SMS logs, subscriber info, CPNI with customer consent or legal process
    • Verizon – Call/SMS logs, cell-site limited data; voicemail access records
    • T‑Mobile (incl. Sprint legacy) – Call/SMS logs; be mindful of legacy account systems

    Cable/MVNO & VoIP providers

    • Xfinity Mobile (Comcast) • Spectrum Mobile • Google Voice
    • Telephony platforms (often the true origin for campaigns): Bandwidth, Onvoy/Inteliquent, Twilio, Telnyx, Plivo, RingCentral, 8×8, Vonage

    Ask for (as applicable)

    • Call Detail Records (CDRs) with originating/terminating numbers, timestamps, duration, trunk/SIP identifiers, and STIR/SHAKEN attestation
    • SMS/MMS logs with sender ID, MO/MT direction, campaign/10DLC info (if stored)
    • Account/subscriber info (name, address, billing, activation dates, IP logs for provisioning)
    • Application logs (API request IDs, webhook logs, message IDs) from platforms
    • Audio (IVR/prerecorded files) if stored; DNC list status and scrubbing logs

    Consumer self‑help

    • Clients can download recent call and text history from their account portals or apps; screenshots are helpful if downloads aren’t available.

    Things We Can Request: Checklist

    From platforms (Twilio/Bandwidth/Telnyx/etc.) for the target caller ID(s):

    • Subscriber/customer of record and reseller chain
    • All subaccounts/projects using the number(s)
    • CDRs and SMS/MMS logs (MO/MT) with timestamps and message IDs
    • API logs (request IDs, IPs, auth tokens redacted) and webhook logs
    • STIR/SHAKEN attestation headers and any analytics/traceback data
    • Associated toll‑free/short code registrations or 10DLC campaign IDs
    • Any recordings, voicemail drops, or soundboard usage

    From lead vendors/advertisers:

    • Complete lead file + consent certificate (TrustedForm/Jornaya)
    • Landing page HTML/CSS/JS snapshot for the opt‑in page at the time of consent
    • Ping‑post or affiliate tracking logs (UTMs, gclid, fbclid)
    • Contracts, SOWs, IOs, and payment records tying parties together

     Checklist of Information to Gather

    1. Call & Text Records

    • Itemized phone records from their carrier showing all incoming and outgoing calls for the relevant time period.

    • Screenshots of text messages (SMS/MMS) received from the caller, including date/time stamps.

    • Voicemail recordings or transcripts.

    • Caller ID screenshots showing the phone number displayed during calls.

    • If available, phone carrier verification that the calls/texts were received.

    2. Written Communications

    • Any emails, letters, or online messages from the caller.

    • Opt-out or “Stop” request confirmations (e.g., reply texts, emails).

    • Website form submissions they may have completed that could relate to consent.

    3. Call Details

    • Approximate start and end dates of when the calls/texts began and stopped.

    • Frequency (e.g., daily, weekly, multiple times per day).

    • Whether calls used a prerecorded or artificial voice.

    • Whether they noticed automated dialing (pause or click before a person comes on the line).

    4. Consent Evidence

    • Any written agreements or contracts where they may have given a phone number.

    • Sign-up forms from websites, stores, or services.

    • Screenshots of terms and conditions they agreed to.

    • Proof they withdrew consent, if applicable.

    5. Caller Identification

    • The name of the company or individual making the calls.

    • Phone numbers used (including variations or “spoofed” numbers).

    • Record of what was said during calls (especially if they identified themselves or their company).

    • Any call recordings made by the client.

    6. Impact & Damages

    • Notes about disruptions (missed work, disturbed sleep, emotional distress).

    • Any costs incurred (e.g., overage charges, international rates).

    • Written timeline of when calls occurred and their effect.

    7. Prior Complaints

    • Copies of complaints filed with the FTC, FCC, or state attorney general.

    • Reference numbers for any prior reports.

    8. Device & App Data

    • Call logs from phone apps (Truecaller, Hiya, etc.).

    • Spam classification evidence from apps or carrier.

    • Exported CSV or PDF logs if available.

    TCPA RESEARCH SOURCES & TOOLS

    1. Official Legal Sources

    These are the primary laws and rules governing TCPA claims.

    2. Government Complaint Portals

    Where clients can file complaints that may help establish a record of violations.

    3. Educational & Case Law Resources

    For understanding precedent and examples of successful claims.

    4. Practical Tools & Call Tracking

    Helpful for collecting evidence and identifying callers.

     

    TCPA ACTION KIT

    Part 1 — Quick Reference & Checklists

    Evidence to Collect Immediately

    • Call/Text Details

      • Date, time, and duration for each unwanted call/text

      • Full phone number (including country code) and caller ID name

      • Screenshots of call logs and text threads

    • Audio/Visual Proof

      • Voicemail recordings (download as .mp3/.m4a)

      • Screenshots of prerecorded messages or texts

    • Consent/Opt-In Evidence

      • Any web forms, emails, or documents where your number may have been provided

      • Copies of privacy policies or terms from sites visited

    • Device Logs

      • Export call history (carrier portal, phone settings, or call-blocking app)

      • Call-blocker logs (Hiya, RoboKiller, Truecaller)

    • Miscellaneous

      • Notes about the caller’s statements, offers, or company claims

      • Any changes in caller ID over multiple calls

    Verification Checklist

    Before moving to the investigative phase:

    • ✅ Evidence stored in two locations (local + cloud/USB)

    • ✅ Dates/times clear and visible in screenshots

    • ✅ Numbers and caller IDs captured exactly as shown

    • ✅ Any potential consent records found and saved

    Part 2 — Step-by-Step Guide

    Step 1 — Identify Caller Type

    • Is it 10-digit (10DLC), toll-free, or short code?

    • Do calls/texts come from multiple numbers?

    • Any patterns (same time each day, similar voice/message)?

    Step 2 — Research the Number

    • Free Reverse Lookup: 800notes, WhoCallsMe, ShouldIAnswer

    • Carrier/LRN Lookup: Identify underlying carrier-of-record

    • Short Code Directory: If message is from 5–6 digit number

    • Domain Search: If caller references a website, check WHOIS, archive.org, SecurityTrails

    Step 3 — Gather Technical Data

    • From carrier: Call Detail Records (CDRs), SMS/MMS logs

    • From telecom platforms (e.g., Twilio, Bandwidth): API logs, SIP headers, STIR/SHAKEN attestations

    • From lead vendors: Full lead file, consent certificates (TrustedForm, Jornaya), ping-post logs

    Step 4 — Preservation Actions

    Send a Preservation Letter within 24 hours to:

    • Wireless carrier(s)

    • Telephony platforms

    • Lead generators / advertisers

    Step 5 — Demand or Litigation Prep

    • Once the caller is identified, prepare a Demand Letter citing TCPA violations.

    • Include copies of your evidence and your settlement demand.

    • Keep all correspondence professional and concise.

    Part 3 — Letter Templates

    A. Preservation Letter

    Preservation Letter (Template)

    Subject: Preservation Notice – TCPA Matter re: [Phone Number(s)]

    To: [Carrier/Platform/Lead Vendor] Legal/Compliance

    Please preserve all records relating to calls/texts to/from [list numbers] from [start date] to [end date], including: subscriber/account info; CDRs; SMS/MMS logs; SIP headers; STIR/SHAKEN attestations; application/API logs; recordings; opt‑in/consent records; and any traceback materials. Preservation extends to backups and third‑party hosted data.

    [I/My attorney] will follow with appropriate legal process.

    B. Consumer Demand Letter

    [Your Name]
    [Your Address]
    [City, State ZIP]
    [Date]

    [Caller Company Name or Responsible Party]
    [Company Address]
    [City, State ZIP]

    Re: Unlawful Telephone Calls/Text Messages – Demand for Settlement

    To Whom It May Concern:

    I have received [number] unsolicited [calls/text messages] from your company on my telephone number [your phone number] beginning on or about [date]. These communications were made without my prior express consent, and in some instances used a prerecorded/artificial voice or an automatic telephone dialing system, in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.

    Details:
    – Date(s) and Time(s): [List]
    – Originating Number(s): [List]
    – Content Summary: [Brief description]

    Under the TCPA, each violation is subject to statutory damages of $500, which may be trebled to $1,500 for willful or knowing violations. I am willing to resolve this matter without litigation for the total amount of $[amount], in exchange for a written settlement agreement and payment within [X] days.

    If I do not receive a satisfactory response by [date – 14 days from letter], I reserve all rights to pursue legal remedies.

    Sincerely,
    [Your Name]
    [Your Signature]

    Tips for Success

    • Always document in real time — courts and companies give more weight to contemporaneous notes.

    • Don’t delete voicemails or texts — keep them in original format if possible.

    • Keep all letters professional — emotional language weakens credibility.

    • Consider certified mail for important correspondence.