Guide

What a litigator scrub is, and what it is not

A litigator scrub is a commercial list check, not a government one. This page explains what it is, how it differs from the Do Not Call Registry, and which federal rules sit behind the concern.

The short answerA litigator scrub compares your phone numbers with a privately compiled list of numbers linked to people who have filed suits under the Telephone Consumer Protection Act. The FTC Do Not Call Q&A, 47 U.S.C. 227, and 47 CFR 64.1200 do not publish or require that list. It is separate from the Do Not Call Registry check, which the FCC rule does cover.

1. What a litigator scrub is

The Telephone Consumer Protection Act, 47 U.S.C. 227, lets people sue over certain calls and texts. A litigator list is a commercial database of numbers associated with people who have filed such suits. A litigator scrub flags those numbers so a caller can decide whether to skip them.

Vendors sell these lists. Ask the vendor what its list contains and where the records come from. This page makes no claim about any vendor’s list.

2. How it differs from a DNC scrub

DNC scrubLitigator scrub
Source listNational Do Not Call Registry, plus your internal do-not-call listA private vendor’s database
Named in federal rulesYes, 47 CFR 64.1200(c)(2)No
What a hit meansThe number is registeredThe vendor links the number to TCPA litigation
What a miss meansNot registered as of the registry version you usedNot on that vendor’s list

The DNC side is covered in DNC scrubbing: what it is and what it checks.

3. The federal rules behind the concern

Two parts of 47 U.S.C. 227 create private rights of action:

  • 227(b)(3) covers violations of the subsection on automatic telephone dialing systems and artificial or prerecorded voice messages. A person may recover actual monetary loss or $500 for each violation, whichever is greater, and a court may increase the award to up to three times that amount for willful or knowing violations.
  • 227(c)(5) covers a person who received more than one telephone call within any 12-month period by or on behalf of the same entity in violation of the do-not-call regulations. The recovery is actual monetary loss or up to $500 for each violation, whichever is greater. A court may increase the award to not more than three times that amount for a willful or knowing violation. The paragraph includes an affirmative defense if the defendant established and implemented, with due care, reasonable practices and procedures to prevent such solicitations.

These are the provisions that make callers cautious. A litigator scrub does not change them. A call that breaks a rule breaks it whether or not the person has sued before, and a call that follows the rules does not become a violation because the person has.

4. What a litigator scrub does not do

  • It does not replace the registry check or your internal do-not-call list.
  • It does not establish consent to call or text.
  • It does not confirm calling hours, which 47 CFR 64.1200(c)(1) sets at no earlier than 8 a.m. and no later than 9 p.m. local time for telephone solicitations.
  • It does not tell you whether the person behind a number is the owner you are trying to reach. See what a skip trace match proves.

5. What Locate Next does here

The live Locate Next site does not describe a litigator scrub, and this page does not claim one. The live site says: “Check each number’s Do Not Call status before outreach. A status does not decide what contact is allowed.” Contact rules for skip traced lists are summarized in the skip tracing laws guide.

Common questions

Is a litigator scrub required by law?

47 U.S.C. 227 and 47 CFR 64.1200 do not require a litigator list check. The FCC rule at 47 CFR 64.1200(c)(2) addresses the national Do Not Call Registry and internal do-not-call lists.

Is the litigator list a government list?

The FTC Do Not Call Q&A, 47 U.S.C. 227, and 47 CFR 64.1200 do not publish one. The National Do Not Call Registry is the federal list those sources describe. Litigator lists are sold by private vendors.

If a number passes a litigator scrub, can I call it?

A pass only means the number is not on that vendor’s list. The Do Not Call Registry, your internal list, calling hours and consent are separate questions. State calling rules are outside this page.

What can a TCPA plaintiff recover?

Under 47 U.S.C. 227(b)(3), actual monetary loss or $500 for each violation, whichever is greater. Under 227(c)(5), for a person who received more than one call within 12 months, actual monetary loss or up to $500 for each violation, whichever is greater. In both, a court may increase the award to not more than three times that amount for a willful or knowing violation.

Does Locate Next run litigator scrubs?

The live Locate Next site does not describe a litigator scrub. It says to check each number’s Do Not Call status before outreach, and that a status does not decide what contact is allowed.

Sources

  1. 47 U.S.C. 227, Telephone Consumer Protection Act. Checked October 22, 2026.
  2. 47 CFR 64.1200, FCC telemarketing and do-not-call rules. Checked October 22, 2026.
  3. FTC, Q&A for telemarketers and sellers about the Do Not Call provisions of the TSR. Checked October 22, 2026.

This page is general information, not legal advice.

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