TCPA
What does TCPA stand for?
TCPA stands for the “Telephone Consumer Protection Act.” This law, passed in 1991, regulates the use of automatic dialing systems for outbound telephone communications, voice, and fax messages to contact consumers in the United States.
The TCPA aims to restrict the use of certain technologies for unsolicited contacting cell phones and landlines without the appropriate levels of consent, which are tailored to specific usage scenarios. Additionally, the law prohibits unsolicited marketing calls to residential phone numbers that are listed on the national Do Not Call (DNC) registry.
The Telephone Consumer Protection Act (TCPA) was intended to protect consumers from unwanted telemarketing calls and text messages. It was later expanded in case law to restrict unsolicited SMS text messages to cell phones as well.
Under this law, businesses must get prior express written consent from consumers to make any calls or send texts that use an automated dialing system or pre-recorded message.
What does TCPA mean for marketers?
Meeting TCPA requirements is essential for marketers and advertisers to ensure their businesses operate smoothly and avoid potential legal issues. Obtaining TCPA consent involves securing explicit consent or written permission from consumers before reaching out to them for promotional purposes.
Moreover, in order to maintain TCPA compliance, it’s crucial to meet several requirements, such as:
- Internal, State, and National DNC Registry: Maintain an internal DNC list of consumers opting out of calls and avoid calling numbers listed on the National Do Not Call Registry.
- Restricted Time Frame: Call residential landlines only between 8 a.m. and 9 p.m. in the recipient’s time zone (consider possible variations in time restrictions by state).
- Robocalls: Obtain express written consent for marketing robocalls to cell phones, while Informational robocalls to landlines require regular consent.
- Marketing and Informational Messages: Also, for SMS, marketing messages necessitate prior express written consent. Instead, informational messages need prior express consent with fewer restrictions.
- Identification: Provide name, company name, and contact information when calling or texting customers.