What is the TCPA?
Passed in 1991, the TCPA is a federal U.S. law created in response to consumer concerns about telemarketing, specifically addressing complaints leveraged at the FCC regarding companies using telephone contact for business purposes or solicitation. The TCPA sets guidelines for appropriate telemarketing practices, including restrictions on the use of automated telephone dialing service (ATDS) equipment, and puts the burden on companies to maintain do-not-call lists of consumers who have opted out.
The TCPA limits the use of a variety of devices and practices used in telemarketing:
- Pre-recorded messages
- Artificial messages, commonly referred to as “robocalls”
- Automated telephone dialing systems (ADTS)
- Text messages and fax machines
Other TCPA provisions include:
- The prohibition of calling residences outside the hours of 8am and 9pm local time
- The requirement that the caller identify themselves and/or who they are calling on behalf of, and provide a phone number or address for the company
- The prohibition of making automated or artificial calls to emergency lines, doctors’ offices, mobile phones, or any recipient who will be charged for the call
- The prohibition of sending unsolicited faxes to businesses, or auto-dialing more than two lines of the same business
- The requirement of maintaining a company-specific do-not-contact list of recipients for five years, as well as honoring the National Do Not Call Registry
Speak to an Expert About Mitigating TCPA Compliance Risk
What makes the TCPA so risky?
Damages awarded for each TCPA violation can be up to:
for each violation of the do not call registry
per phone call that violates the TCPA
per phone call if the consumer can show that the company knowingly disregarded the TCPA
Recent Regulatory Changes
New TCPA related regulations have come into effect and companies must prepare for compliance, or risk being in violation of certain statutes:
Reassigned (Telephone) Numbers Database
In late 2021, the Reassigned (Telephone) Numbers Database (RND) became available for production use. Callers and their caller agents must validate the status of a phone number prior to calling to see if it has been permanently disconnected. The RND tracks landlines, wireless numbers, and VOIP.Learn More
Florida Telemarketing Rules
In 2021, the state of Florida updated the Florida Consumer Protection Law and the Florida Telemarketing Act, to extend beyond certain limitations in the TCPA.
Among other provisions, the law includes a presumption that any call to a Florida area code is a call to a Florida resident or a person in the state of Florida – so all companies should be aware of this risk and prepare for compliance.
How PossibleNOW can help
DNCSolution helps companies comply with the TCPA by handling direct marketing compliance with relevant legislation across all channels of communication including, calls, texts, emails, faxes, and direct mail.
DNCall and DNText feature include:
- High-volume scrubbing against all state, federal, wireless, and company-specific Do Not Call databases
- Scalable technology to handle multiple call centers and thousands of representatives
- Enable compliant mobile marketing campaigns via text
- Collect and manage opt-out requests for calls and texts to landlines or mobile numbers
- Exceptional customer support and application training for your team
- Integrates into your own current business technology stack
- 100% compliance guarantee
Staying in compliance with Do Not Call regulations like the TCPA is an essential part of doing business today. PossibleNOW helps you keep up with regulatory changes, circumvent violations, and avoid upsetting your customers. Stay focused on core business functions and let PossibleNOW manage call compliance.
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