TCPA Checklist

Understanding TCPA Compliance for Call and Text Campaigns

The Telephone Consumer Protection Act (TCPA) of 1991 was enacted to protect consumers from unsolicited, repetitive, and intrusive calls and messages. While it has been essential for consumer protection, businesses and contact centers often find TCPA compliance challenging when trying to convey important messages without violating the regulations. Below is a comprehensive guide to help businesses ensure TCPA compliance for their call and text campaigns.

Why TCPA is Important

TCPA regulations are designed to safeguard consumers' privacy and prevent harassment from unwanted marketing communications. The act restricts the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and other forms of telecommunication to ensure that consumers are not overwhelmed by unsolicited marketing efforts. Compliance with TCPA not only avoids legal repercussions but also helps in building trust and a positive relationship with consumers.

Checklist for TCPA Compliance

1. Contact Timing

Ensure calls are made between 8 AM and 9 PM local time of the recipient..

2. Caller Identification

During the call, agents must clearly state their name, the company name, and a contact address or telephone number where the recipient can reach the company.

3. Consent Requirements

• Obtain prior express written consent (PEWC) from customers before making marketing calls or sending marketing texts.
• Maintain records of all consents received.

4. National Do Not Call (DNC) Registry

• Regularly scrub phone numbers against the National DNC Registry and ensure no calls are made to numbers listed on it.
• Maintain an internal DNC list and honor all opt-out requests immediately.

5. Third-Party Lists

Do not purchase phone lists from third parties without ensuring compliance with TCPA regulations.

6. Employee Trainings

Conduct regular training sessions for employees to educate them about TCPA compliance and their responsibilities.

7. Pre-recorded Messages and Auto-Dialers

• Provide an automated opt-out mechanism in all pre-recorded messages.
• Do not use auto-dialers to call mobile phones without prior consent.
• Avoid using auto-dialers for calling healthcare facilities and emergency phone lines.

8. Handling Reassigned Numbers

Implement procedures to identify and avoid calling reassigned numbers to which the original consent does not apply.

9. Regulation Updates

Stay updated with any changes in TCPA regulations and adjust practices accordingly.

10. Age Verification

Do not send messages related to alcohol or age-restricted products to numbers that are not age-verified.

Understanding TCPA Fines

• Standard TCPA Fine : $500 per violation
• Treble TCPA Fine : Up to $1,500 per willful violation
• DNC List Fine : Up to $43,792 per violation

Who Must Comply with TCPA?

Any individual, business, or entity making telephone solicitations must comply with TCPA regulations. This includes voice calls, faxes, VoIP calls, and text messages. The act covers both direct solicitations and those conducted by third parties on behalf of a business.

Key TCPA Provisions

1. Calling Time Restrictions

Calls can only be made between 8:00 AM and 9:00 PM local time of the recipient.

2. Internal DNC List

Maintain and honor a list of individuals who have requested not to be contacted.

3. Automatic Telephone Dialing Systems (ATDS)

Restrictions on using autodialers for marketing calls and texts without prior consent.

4. Robocalls

Prohibition on using prerecorded voices for marketing purposes without prior consent.

5. Identification Requirements

Callers must provide their name, company name, and a contact number or address.

6. National Do Not Call Registry

Compliance with the National DNC list and any applicable state lists.

Enforcement and Litigation Risks

The TCPA allows consumers to file lawsuits for violations, with potential penalties including:

• Private Right of Action: Consumers can sue for damages.
• Per-Violation Penalties: Fines for each violation, which can add up quickly.
• Uncapped Damages: No cap on statutory damages, leading to potentially enormous financial penalties.
• Strict Liability: Companies can be held liable regardless of intent or knowledge of the violation.

Conclusion

Adhering to TCPA regulations is crucial for any business engaged in telemarketing. It helps avoid significant fines and legal challenges while maintaining consumer trust. Regular training, diligent record-keeping, and staying updated with legal requirements are key to ensuring compliance. When in doubt, consulting with legal counsel can provide additional guidance and peace of mind.