Burner Phones Used for TCPA Litigation
· 2 min read
Most people associate a burner phone with privacy or temporary communications. However, prepaid and secondary phone numbers have also appeared in TCPA litigation, including cases involving individuals who maintained multiple numbers specifically to receive and document unwanted calls.
In one well-known TCPA case, a plaintiff purchased dozens of prepaid phones and tracked incoming calls as part of her litigation activity. Other cases have also examined plaintiffs using multiple or temporary phone numbers when determining whether calls caused the type of harm the TCPA was intended to prevent.
For SMS marketers and outbound call centers, this creates an additional layer of risk:
- Multiple numbers may belong to the same claimant, increasing exposure across a large campaign.
- Prepaid numbers can appear legitimate in ordinary lead databases and purchased lists.
- Calls and texts may be carefully documented for use in a future demand letter or lawsuit.
- Repeated contact can multiply potential damages, particularly when opt-out requests are not handled correctly.
- Standard carrier or line-type checks may not reveal litigation history associated with a phone number.
Not every prepaid or secondary phone is suspicious, and its use alone does not establish abusive litigation behavior. However, marketers should recognize that phone-number history can matter.
SubscriberVerify’s LitigatorVerify service adds another layer of screening by identifying numbers associated with known litigators and litigation-related risk before an outbound SMS or calling campaign begins.
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