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Litigator scrubbing, and whether your vendor does it

A small number of people file most of the claims. They are findable.

Alex Makowski · Updated 30 August 2026 · 2 min read

The short answer

A litigator scrub checks numbers against databases of known serial TCPA plaintiffs and the attorneys who file for them, and suppresses matches before they reach a dialler. It matters because TCPA claims are concentrated: a small population of repeat filers accounts for a large share of suits, so removing them removes most of the realistic exposure from a list at a cost of cents per record.

TCPA exposure is not evenly distributed across a list. A small number of people file repeatedly, often with the same handful of firms, and they are in commercial databases precisely because they keep appearing in filings. Screening against those databases is the cheapest risk reduction available to a calling operation.

What one mishandled record can cost

One call, statutory$500
One call, willful or knowing$1,500
Ten calls, willful$15,000
The unit is the call, not the lawsuit. A single record dialled repeatedly across a follow-up cadence becomes a large number quickly, which is why suppression has to happen before the dialler rather than after a complaint.Statutory damages under 47 U.S.C. § 227.

What a scrub actually catches

  • Known serial plaintiffs, by phone number, across multiple filings.
  • Numbers associated with plaintiff-side TCPA firms.
  • Numbers appearing on published complaint dockets.
  • In better products, numbers showing the behavioural pattern of a filer before they have filed.

What it does not catch

A scrub is a filter on known bad outcomes, not a licence. It says nothing about whether your consent is valid, whether you honoured a revocation, whether you called inside permitted hours, or whether the number was reassigned to somebody who never consented to anything. A clean scrub on a record with no defensible consent behind it is a clean scrub on an indefensible call.

Who should be running it

StepVendorYou
Scrub at generationYes — before the lead is sold—
Scrub before dialling—Yes, on your own list
Re-scrub aged records—Yes, before any re-engagement
Maintain internal suppression—Yes, permanently

Both sides should be doing it, and the answer "our vendor handles it" is not a position you can defend if you are the one who placed the call. The scrub costs cents; a single willful claim does not.

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