Navigating TCPA for marketing: A guide to compliant call and SMS marketing practices

Billboards and print marketing are quickly becoming prehistoric as the digital age grows more advanced. Modern marketing requires a more robust and personalized strategy that utilizes call and SMS marketing to better reach potential customers. However, marketers must be mindful of the legal framework surrounding these practices, particularly the Telephone Consumer Protection Act (TCPA). 

Non-compliance with TCPA regulations can lead to costly fines and damage to a brand’s reputation. This guide will help you navigate TCPA marketing rules, explaining how to stay compliant while running effective call and SMS marketing campaigns.

What does the TCPA mean for marketing?

The TCPA is a federal law designed to protect consumers from unwanted telemarketing calls, faxes, and automated messages. The TCPA is particularly important for marketers who rely on automated calls and SMS messages to communicate with leads and customers. It mandates strict rules about when and how businesses can contact consumers to help keep marketing practices respectful of consumer privacy.

For marketers, understanding the TCPA’s meaning is crucial for avoiding legal pitfalls and keeping their campaigns legally sound. Violations of the TCPA can result in fines ranging from $500 to $1,500 per infraction, making it essential to be fully aware of the rules that apply to your marketing efforts.

Key elements of TCPA for marketing:

• Consent requirements: TCPA mandates that businesses must obtain explicit consent from consumers before contacting them via calls or SMS.
• Do Not Call (DNC) rules: Marketers must honor the National Do Not Call Registry and avoid contacting consumers who have opted out.
• Automated technology restrictions: The use of auto-dialing technology or pre-recorded messages is heavily regulated under the TCPA.

Understanding these fundamentals is the first step toward TCPA-compliant marketing.

How are you supposed to market with the TCPA?

Marketing within the framework of TCPA compliance means balancing the desire to reach your audience with the legal requirement to respect consumer rights. Here’s a breakdown of what you need to do:

1. Obtain proper consent

The TCPA requires businesses to obtain prior express consent from the consumer before sending automated calls or texts. Depending on the nature of the communication, different levels of consent may be required:

To keep your marketing efforts compliant, always obtain prior express written consent from customers before engaging in automated marketing efforts. This written consent must adhere to specific TCPA language requirements.

2. Respect opt-out requests

Consumers have the right to revoke their consent at any time, and businesses must honor opt-out requests promptly. This includes adding numbers to an internal do-not-call list and preventing your systems from engaging in any further communication with those who have opted out.

3. Leverage TrustedForm to manage consent

Managing and proving consent is one of the most critical elements of TCPA compliance. ActiveProspect’s TrustedForm is the ultimate compliance tool for marketers looking to streamline consent management. TrustedForm helps marketers document prior express written consent to empower their marketing efforts while complying with regulations like the TCPA.

By incorporating tools like TrustedForm, marketers can protect themselves from legal risks while bolstering consumer trust.

What is required under the TCPA when making automated marketing calls?

Automated marketing calls—often referred to as “robocalls”—are heavily regulated by the TCPA. To maintain compliance, you must meet the following requirements:

1. Obtain prior express written consent

For any call that uses a prerecorded message or automatic dialing system to contact consumers for marketing purposes, prior express written consent is required. This consent must be clearly and conspicuously disclosed to the consumer and obtained before making any calls.

2. Maintain a DNC List

Even with consent, consumers may request that they not be contacted further. It’s essential to maintain an internal “Do Not Call” list, in addition to adhering to the National Do Not Call Registry, and to promptly honor all opt-out requests.

3. Call time restrictions

Calls must only be placed between 8 AM and 9 PM (local time of the consumer). Violating this rule can result in significant penalties.

4. Provide identifying information

Each call must include identifying information about the business, including the name of the company and contact details for the company making the call. Transparency is key to avoiding complaints and legal issues.

TCPA marketing rules summary

To stay on the right side of the law, here’s a brief overview of the primary TCPA marketing rules that you need to follow:

• Obtain prior express written consent before sending marketing messages or making automated calls.
• Clearly disclose that consumers are consenting to receive marketing messages and verify that all language used is TCPA compliant.
• Honor opt-out requests promptly and update your contact lists accordingly.
• Respect time restrictions for calls to consumers, only contacting them during allowed hours.
• Market with transparency by providing clear identifying information during each communication.

Following these guidelines is essential for avoiding TCPA violations, which can result in steep fines.

The role of TrustedForm in TCPA compliance

As mentioned earlier, tools like TrustedForm by ActiveProspect are invaluable for managing TCPA compliance. This tool helps marketers:

• Maintain compliance with documentation of prior express written consent
• Mitigate TCPA risk by avoiding contacting consumers without documented consent
• Verify lead authenticity to properly match the certificate with the lead you are buying
• Prevent complaint escalation with shareable session replays
• Gain confidence knowing that your lead has given consent to be contacted

With ActiveProspect’s TrustedForm, you can focus on building your marketing strategy without worrying about the compliance risks associated with modern marketing.

Final thoughts

Staying compliant with the TCPA is critical for marketers using call and SMS marketing strategies. By understanding the key provisions of the law—such as obtaining proper consent, honoring opt-out requests, and adhering to time restrictions—you can run effective campaigns without risking legal trouble.

Utilizing tools like TrustedForm can further simplify compliance management, providing peace of mind that your marketing efforts are legally sound. For more information on how TrustedForm can support your compliance needs, visit ActiveProspect’s marketer solutions.

By staying proactive and following these guidelines, you can navigate TCPA regulations and ensure your marketing remains effective and compliant.

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