The Reassigned Number Database: A Safe Harbor or a Costly Trap?

Imagine this: your company calls a long-time customer, only to find out their phone number was reassigned. Now you’re facing a TCPA class action with potential damages in the millions. You had no idea the number changed hands, but it doesn’t matter.

And cases like this are on the rise. The FCC’s Reassigned Number Database (RND) is designed to help, offering a safe harbor from liability. But with high costs and limited protection, is it really worth using?

The safe harbor sounds great on paper. If a company checks the database before making a call and receives a "no" response—meaning the number hasn’t been reassigned—it is protected from TCPA liability, even if the number was actually reassigned.

But here’s the catch: this protection only applies to the first call made after checking the database. What if the consumer doesn’t answer, or worse, plays along and doesn't reveal that they’re not the intended recipient? The caller could still be on the hook for a lawsuit. This means businesses must continuously monitor their contact lists, which adds another layer of cost and complexity.

And speaking of cost, using the RND isn’t cheap. The FCC charges a hefty fee—up to $357,000—for a 12-month subscription with the maximum number of queries. For businesses that make millions of customer contacts each year, staying compliant can get very expensive.

Given these challenges, many companies are seeking other ways to reduce the risk of TCPA lawsuits without solely relying on the RND. For example, only calling leads generated in the last 30 days and cross-referencing against serial litigators' lists can all help minimize exposure.

If a class action lawsuit does arise, businesses should consider challenging class certification. They can argue that reassigned number cases require individualized inquiries, as each call’s consent history and reassignment status must be reviewed separately. Courts have been split on this issue, but some have denied class certification on these grounds.

While the FCC’s Reassigned Number Database provides some protection from TCPA liability, it’s far from a perfect solution. It’s expensive, limited in scope, and only offers safe harbor for one call per query. Businesses need to carefully weigh the cost of compliance against the risk of litigation and take a multi-layered approach to avoiding reassigned number claims.