Checking the Reassigned Numbers Database before a call protects a caller because the Federal Communications Commission (FCC) rule at 47 CFR 64.1200(m) creates a safe harbor from Telephone Consumer Protection Act (TCPA) liability when the database wrongly reports that a number has not been reassigned. A company that had consent for a number, queried the database with the right date, received a response of no, and then reached a stranger because the data was wrong cannot be held liable for that call or text.
The safe harbor is narrow and procedural. It does not cover a caller who never had consent, who skipped the query, who queried with the wrong date, or who received a response of yes or no data and dialed anyway. For companies with large contact lists, the database is the most practical way to turn the reassigned number problem into a manageable compliance step.
Why reassigned numbers create TCPA liability
Consent under the TCPA belongs to the called party, and courts read that phrase to mean the current subscriber or customary user of the number, not the person who originally gave consent. The Seventh Circuit adopted that reading in Soppet v. Enhanced Recovery Co. (2012) and the Eleventh Circuit followed in Osorio v. State Farm Bank (2014). When a consumer drops a number and the carrier reassigns it, the new holder never consented, and every autodialed or prerecorded call to that number is a potential violation worth $500 to $1,500.
Millions of numbers change hands each year, so any company that dials or texts consented numbers over time is likely to eventually reach new holders. Before the database existed, the FCC tried a one call exception, and the D.C. Circuit vacated it in ACA International v. FCC (2018). The FCC then created the database by order in December 2018, and it opened to callers on November 1st, 2021.
How the Reassigned Numbers Database works
Voice providers must report every permanently disconnected number to the database administrator each month, and they must hold a disconnected number for at least 45 days before reassigning it. The database stores the disconnection history, not current subscriber names, so a query reveals nothing about who holds the number now.
A caller submits two pieces of data for each number, the number itself and a date. The date should be the day the caller obtained consent or the most recent day the caller can show the consumer still held the number, such as an inbound call or a confirmed contact. The database returns one of three answers.
- Yes means the number was permanently disconnected after the date supplied, so it may have been reassigned and the caller should not rely on the old consent.
- No means the number has not been permanently disconnected since the date supplied, so the earlier consent should still attach to the same person.
- No data means the database cannot answer, usually because the date supplied is earlier than the reporting history the database holds.
Access is by paid subscription with tiers based on query volume, and a caller may query directly or through an authorized agent such as a dialer vendor or compliance service. Pricing changed in 2025, so a company should check the current schedule before budgeting.
What the Reassigned Numbers Database safe harbor requires
The rule shields a caller from liability for a call or text to a reassigned number when three things are true. The caller had prior express consent from the person it intended to reach. The caller, or an agent acting for it, queried the database with the number and the right date before the call. The database returned a response of no that turned out to be wrong because the provider’s data was incomplete or late.
The caller carries the burden of proving each element, so the query log matters as much as the query. A company should keep the number, the date supplied, the response, the time stamp and the identity of the agent that ran the query for every contact it dials. Without that record, the safe harbor is an argument rather than a defense.
The safe harbor covers only the reassigned number problem. It does not excuse a call to a number on the National Do Not Call Registry, a call outside permitted hours, or a call made with consent that was never valid in the first place. It also gives no protection for a response of no data, which is common for consent obtained years ago.
Building the database into a calling program
A one time scrub is not enough, because a number can be disconnected the day after a query. Most companies query the entire consented list on a recurring cycle and re query any number before a new campaign. The recurring cycle should be shorter than the 45 day aging period so a reassignment cannot slip between checks.
The date field drives the result, so the consent record needs a reliable date for each number. Companies that collect consent through lead vendors should capture the consent date in the lead data and refresh it whenever the consumer makes contact. A wrong number report from a consumer should trigger an immediate internal do not call entry, since the database cannot catch a number that was reassigned before the caller’s consent date.
Shipkevich PLLC helps companies document database queries, align consent dates with lead data and respond when a wrong number call turns into a demand letter.
Frequently asked questions
Does checking the Reassigned Numbers Database protect a company from TCPA liability?
It does when the company had consent, queried the database with the correct consent date before the call and received a response of no that later proved wrong. The safe harbor at 47 CFR 64.1200(m) then bars liability for that call. It gives no protection if the response was yes or no data, or if the company skipped the query.
How often should a company query the Reassigned Numbers Database?
Query every consented number before a campaign and on a recurring cycle shorter than the 45 day period carriers must wait before reassigning a disconnected number. A single query at the time of consent does not protect later calls, because the number can be disconnected the next day. Keep a log of every query, date and response.
What date should a caller use when querying the database?
Use the date the company obtained consent or the most recent date it confirmed the consumer still held the number, such as an inbound call. The database reports whether the number was permanently disconnected after that date. A date earlier than the database’s reporting history returns no data, which carries no safe harbor.
Who can use the Reassigned Numbers Database?
Any caller may subscribe, and a caller may also query through an authorized agent such as a dialing platform or compliance vendor. Access is a paid subscription with tiers based on query volume. The safe harbor applies whether the company or its agent ran the query, as long as the query and response are documented.
To discuss how these rules apply to your company, contact Shipkevich PLLC.