Understanding TCPA language: Key components and how to be compliant

In today’s digital age, communication is king—but so is compliance. The Telephone Consumer Protection Act (TCPA) sets stringent guidelines for how businesses can contact consumers via telephone and text. 

Following recent Federal Communications Commission (FCC) rulings, understanding and implementing proper TCPA language has become even more crucial for businesses, especially lead buyers and generators. This guide will explore the key components of TCPA consent language, the main language requirements post-FCC rulings, and how TrustedForm Verify can aid in managing TCPA compliance effectively.

What is TCPA consent?

TCPA consent refers to the permission that businesses must obtain from consumers before engaging in telemarketing calls or texts through the use of an automated dialing system (ATDS), or artificial or prerecorded voices. This consent must be clear, informed, and unambiguous, indicating that the consumer understands they may receive communications via automated means. The importance of obtaining proper TCPA consent cannot be overstated, as failure to do so can result in hefty fines and legal challenges.

Importance of TCPA language

The TCPA language used in forms and disclosures is crucial in obtaining valid consent from consumers. The FCC has set specific requirements for TCPA compliance language, and businesses must comply to avoid legal issues and reputational damage. Furthermore, the latest FCC rulings have tightened the requirements around TCPA language, making it even more important for businesses to update their communication practices for maximum compliance. 

Main components of TCPA consent language

When crafting TCPA consent language, there are several questions to consider. Is the language used clear and conspicuous? Did my business state all means of possible communication? Is the language missing anything?

Thanks to leading TCPA defense attorneys Eric J. Troutman and Puja Amin of Troutman Amin, LLP and TCPAWorld.com, businesses should consider the following when crafting disclosure language to help address legal risk and compliance.

Source: TCPAWorld

1. Clearly state how the consumer will “sign” the consent agreement, such as by clicking a button that says “select and agree.”
2. If you intend to send SMS or MMS messages, be sure to mention that.
3. If you plan to use AI-generated voices, be sure to mention that.
4. The word “marketing” must be included.
5. The TCPA consent disclaimer should be placed above the list of companies and the “select and agree” button.
6. Reference the E-sign Act to indicate electronic signature.
7. Clearly state if third parties will be making calls on the company’s behalf.
8. Mention if you plan to use an automated telephone dialing system (ATDS).
9. Allow consumers to select goods and service providers individually within the TCPA consent disclaimer.
10. State that consent is not a condition for purchasing any goods or services.
11. You can offer a “select all” option, but it must not be mandatory.
12. Consumers must be able to receive services without giving consent.
13. Mention if you plan to use pre-recorded or artificial voice messages.
14. Display only a reasonable number of companies in the TCPA consent disclaimer.
15. Allow consumers to provide their phone numbers on the same page where they give consent.

How TrustedForm Verify can help

TrustedForm Verify is specifically designed to help businesses monitor and manage their TCPA consent language compliance efficiently. Here’s how it can benefit your compliance strategy:

• Effortless TCPA language management: Verify lets you streamline the management of consent language variations used to obtain prior express written consent. You can identify and categorize consent variations employed by different partners, simplifying compliance complexity.
• Real-time verification: With TrustedForm Verify you can make sure that your approved consent language is present during the lead event. As a result, you mitigate the risk of TCPA lawsuits by confirming that your leads meet the disclosure requirements of your legal compliance team.
• Streamline lead approval: Verify allows you to automate the approval or rejection of consent language variations at the time of acquisition. This empowers you to enhance the speed of lead acceptance, prioritization, and distribution while minimizing compliance risks.
• Ease of integration: TrustedForm Verify seamlessly integrates with your existing systems, making it easy to implement and manage without disrupting your current operations.

By using TrustedForm Verify, businesses can significantly mitigate the risks associated with non-compliance and bolster their communication practices to address TCPA consent language requirements.

Final thoughts

As the regulatory landscape continues to evolve, staying informed and compliant with TCPA requirements is more important than ever for lead buyers and generators. Understanding the key components of TCPA compliance language and leveraging robust tools like TrustedForm Verify can help safeguard your business against potential fines and legal issues while maintaining trust with your consumers.

Are you ready to bolster your TCPA compliance strategies? Discover TrustedForm Verify and take control of your communication compliance today.

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