Understanding and maintaining compliance with the Telephone Consumer Protection Act
The Telephone Consumer Protection Act (TCPA) is a federal law that restricts telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. It protects consumers from unwanted communications and imposes strict requirements on businesses making outbound calls.
You must obtain written consent before making marketing calls using an automatic telephone dialing system (ATDS) or prerecorded messages. Consent must be clear, conspicuous, and not bundled with other agreements.
You must scrub your calling lists against the National Do Not Call Registry every 31 days. Consumers who register their numbers must not be called for marketing purposes unless they have an established business relationship.
Telemarketing calls are prohibited before 8:00 AM or after 9:00 PM in the recipient's local time zone. This applies to all marketing calls, regardless of consent status.
You must transmit accurate caller ID information, including your phone number and, when available, your name. Spoofing or falsifying caller ID is prohibited and can result in severe penalties.
Maintain your own internal Do Not Call list. When a consumer requests not to be called, you must honor that request and add them to your list within a reasonable time (typically 30 days).
Maintain records of consent, DNC requests, and calling activity for at least 4 years. This documentation is critical for defending against TCPA claims and demonstrating compliance.
TCPA violations carry significant penalties:
Our platform automatically scrubs your calling lists against the National DNC Registry and your internal DNC list before dialing.
Track and store consent records for each contact, including date, time, and method of consent obtained.
Automatically prevent calls outside of permitted hours based on the recipient's time zone.
Comprehensive call recording and activity logs provide documentation for compliance audits and legal defense.
Real-time alerts notify you of potential compliance issues, such as expired DNC scrubs or missing consent records.
Generate detailed compliance reports showing DNC scrubbing, consent status, and calling activity for audits.
This information is provided for educational purposes only and does not constitute legal advice. TCPA regulations are complex and subject to change. You are solely responsible for ensuring your calling practices comply with all applicable laws. We strongly recommend consulting with a qualified attorney specializing in telecommunications law to ensure full compliance.