TCPA compliance is adherence to regulations outlined in the Telephone Consumer Protection Act (TCPA), which requires businesses to obtain prior express consent before initiating marketing conversations with them.
Maintaining compliance with regulations isn’t just a legal obligation but a testament to ethical business practices.
The TCPA is a cornerstone of consumer privacy protection in marketing communications, and businesses need to keep TCPA requirements in mind to avoid costly violations and penalties, particularly regarding their contact center operations.
Below, we’ll dive deep into a TCPA compliance checklist that covers all business communication platforms and touches on violations and their consequences. We’ll also cover implementing a TCPA compliance plan for your business.
Let’s get started.
1. Obtain and Document Consent
The heart of the TCPA is respecting consumer privacy and autonomy by obtaining their consent to send marketing communications. This safeguards consumers against unsolicited and intrusive marketing practices and helps businesses target their call center campaigns more effectively.
TCPA mandates that businesses obtain prior express written consent from consumers before initiating those communications with them. If you don’t obtain consent first, you could face severe penalties and legal consequences.
There are three main types of consent for TCPA compliance:
Express written consent: This is the highest standard of consent required by TCPA, obtained in physical or digital writing.
Express verbal consent: While verbal consent is acceptable under TCPA, you must maintain accurate records, including the date, time, and nature of the consent.
Implied consent: Businesses may contact consumers via telemarketing messages if there’s an established business relationship, like a recent purchase. Implied consent has limits, and customers must have a clear path to opt out.
These three types of consent give varying levels of assurance about consumers’ willingness to let you market to them. They form the basis of a TCPA-compliant plan.
Record-keeping and documentation best practices
You can obtain consent through online forms, opt-in texts or emails, types of CRM systems, and other means. Aside from obtaining consent, you should keep diligent records to prove it. Good record-keeping helps businesses show that they adhere to guidelines, and records can help defend against potential legal challenges.
Once you obtain consent, document it. Include the method of consent (like an online form or verbal communication) and the date, time, and any relevant communication details. If customers opt out of any communications, keep note of that.
Besides the law, read up on your call center software provider’s acceptable use policy — some might prohibit certain calling practices that might be legal but degrade the service provided to other customers.
2. Honor the National Do Not Call Registry
Together, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) maintain the National Do Not Call (DNC) Registry, a database of consumers who opted out of telephone solicitation with a do-not-call request. Individuals can register their numbers for free. The law requires telemarketers to access the registry and remove registered numbers from their calling lists.
The DNC registry empowers consumers to control their exposure to telemarketers and holds businesses accountable for respecting their preferences.
You don’t need to update your own do-not-call list — you can monitor the registry with automated systems that regularly cross-reference your call lists with the FTC database.
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3. Adhere to Call Time Restrictions
The TCPA prohibits telemarketing calls to residential phone numbers before 8:00 a.m. or after 9:00 p.m. at the called party’s location.
These restrictions govern the specific days and hours businesses can make calls. While the TCPA doesn’t explicitly prohibit telemarketing on weekends or holidays, it does require businesses to use discretion to avoid calls when consumers aren’t likely to be home or might not be open to marketing calls.
Since VoIP phones can make voice calls from anywhere with an internet connection, contact centers often call consumers in distant time zones. It’s always the responsibility of the business to know the time zone of whoever they’re calling. To avoid a potential violation, make sure your agents know the time wherever they’re calling.
4. Comply with the Telemarketing Sales Rule (TSR)
The TSR is a set of regulations that protect consumers from deceptive and abusive telemarketing practices. While the TCPA primarily regulates phone communication for marketing purposes, the TSR provides additional guidelines specific to telemarketing sales calls.
The Telemarketing Sales Rule mandates compliance with the National Do Not Call Registry and requires telemarketers to provide accurate caller ID. It also imposes record-keeping requirements on telemarketers, including maintenance of calling lists, consent records, and records of sales transactions — a call center best practice.
5. Respect Opt-Out Requests
Opt-out requests come from consumers who no longer wish to receive telemarketing calls or texts. Any business that sends marketing calls, texts, application-to-person messages , or emails needs to give consumers a way to opt out of receiving them.
When someone opts out, you must promptly honor that request. Avoid communicating with that consumer unless they explicitly opt back in to remain compliant.
While it might not be exciting to hear that someone no longer wants to hear from your business, it’s crucial to respect their preferences.
6. Note Caller ID Requirements
Transparency is a key goal of TCPA regulations, and caller ID requirements help achieve that goal. Telemarketers need to accurately transmit identifying information, like a telephone number and, if possible, a business name. The STIR/SHAKEN protocol helps businesses obtain a digital certificate that authenticates their business and identifies themselves to consumers.
