Phone numbers change hands constantly, millions are reassigned every year, and it creates a quiet compliance trap: the consent you captured was for the person who used to have the number, not the stranger who has it now. Texting the new owner is exactly the kind of unconsented contact the TCPA targets, and campaigns relying on older lists are the most exposed.
What is the reassigned number problem?
When a phone number is disconnected and reassigned to a new subscriber, any consent tied to that number becomes meaningless, the new owner never opted in to anything. If your list still has the number and you text it, you're now texting a non-consenting person, which is a violation regardless of how clean your original opt-in was. The problem grows with the age of a list: the longer since you collected a number, the likelier it's been reassigned.
Why does it matter?
Because it's a source of TCPA claims that feels unfair but isn't a defense. A campaign that captured perfectly valid consent can still end up texting a reassigned number and facing a complaint or claim from someone who never agreed to hear from it. Courts have grappled with how much protection a good-faith sender gets, and the safest assumption is that "we had consent for that number once" won't excuse texting whoever holds it now. It also wastes sends and hurts deliverability, since reassigned numbers generate complaints.
How do campaigns reduce the exposure?
List hygiene and prompt opt-out handling:
- Keep the list fresh. The older a number, the higher the reassignment risk, so re-engage or prune stale contacts rather than texting years-old numbers cold.
- Honor opt-outs and non-responses. A new owner who replies to stop, or a number that goes silent and starts bouncing, should come off the list fast.
- Use available tools. Reassigned-number databases exist to help identify numbers that have changed hands; scrubbing against them reduces the risk.
- Document everything. Good records of when consent was captured help establish good faith.
Frequently asked questions
What is the reassigned number problem?
When a phone number is reassigned to a new subscriber, the consent you had for the previous owner is meaningless. Texting the new owner is unconsented contact and a TCPA risk, no matter how valid your original opt-in was.
Is having had consent a defense if a number was reassigned?
Not reliably. "We had consent for that number once" generally won't excuse texting whoever holds it now. The safest assumption is that you're liable for texting the current, non-consenting owner.
How do you avoid texting reassigned numbers?
Keep lists fresh and prune old numbers, honor opt-outs and drop bouncing numbers fast, scrub against reassigned-number databases, and document when consent was captured.
Keep reading: does texting consent expire? and re-engaging a lapsed list. For the rules, see the FCC.
This is general information, not legal advice, current as of the date above.