Consent & DNC Compliance for Utilities & Energy

Utility-related messages are exempt if they are strictly informational and non-promotional. Communications about outages, safety issues, or service updates often fall within TCPA exemptions.

Promotional messages, such as offers for new plans or add-on services, require consent and must be checked against federal, state and internal Do Not Call lists.

The TCPA allows certain types of utility communications to bypass restrictions if they meet specific criteria:

• Emergency Notifications: Alerts about outages, natural disasters, or other urgent safety issues.
• Service Updates: Notifications about scheduled maintenance, service restorations, or potential disruptions.
• Customer-Initiated Communications: Responses to customer inquiries or actions that indicate consent.

Messages must be strictly informational and not include promotional content or marketing language.

Compliant Messages:

• “Power outage reported in your area. Service will be restored by 6 PM.”
• “Your gas line inspection is scheduled for Monday at 10 AM. Please confirm your availability.”
• “Severe weather warning: Please check your utilities for disruptions.”

Non-Compliant Messages:

• “Upgrade to our premium plan and enjoy more benefits during outages!”
• “Sign up for auto-pay and get a $5 discount on your next bill.”

Non-compliance with TCPA regulations can result in steep financial penalties. Each violation incurs fines ranging from $500 to $1,500, depending on whether the breach is deemed willful. Class-action lawsuits can amplify these costs, often resulting in millions of dollars in settlements or judgments. For example, a utility company that sends promotional texts disguised as service updates could face severe legal and financial consequences.

Beyond monetary penalties, non-compliance can damage customer trust and reputation, making adherence to TCPA rules a critical priority.

Staying compliant with TCPA rules requires strategic planning and reliable tools. Here’s how utility companies can align their practices with regulations:

• Obtain Clear Consent: Use clear language to secure explicit customer consent for communications.
• Regularly Review Practices: Conduct ongoing reviews of messaging content to ensure compliance.
• Leverage Compliance Tools: Implement PossibleNOW’s DNCSolution® to manage customer preferences, automate compliance checks, and maintain detailed records.
• Train Staff: Equip teams with the knowledge to differentiate between exempt and non-exempt communications.

Regulated communications, growing digital engagement, and large customer bases require centralized consent tracking.

Customer preferences for how and when they are contacted can be captured once in MyPreferences and shared with billing, outage notification and marketing systems.