Understanding TCPA Regulatory Compliance

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What is the TCPA?

The Telephone Consumer Protection Act, or TCPA, protects consumers from telephone SPAM – that is, unwanted phone calls and messages. iZigg helps you understand how the TCPA applies to your company’s communications to help keep your text message and voice blast marketing in compliance with the law.

About the TCPA

The TCPA established the National Do-Not-Call List and regulates telephone marketing and business-to-consumer communications. This list includes, but is not limited to: prerecorded calls, telemarketing calls, auto-dialed calls, text messages and unsolicited faxes. Under the TCPA, businesses are not allowed to:

 

  • Make auto-dialed calls to wireless numbers without prior written consent.
  • Make pre-recorded calls to wireless numbers without prior written consent.
  • Send texts to wireless numbers without prior written consent.
  • Make pre-recorded calls to landlines without prior written consent.

 

The TCPA was enacted to protect American consumers from unwanted solicitation and telephone harassment. All businesses are required to comply with the limitations of the TCPA when they communicate via telephone, fax or text message.

Complying with the TCPA

Complying with the TCPA is not difficult. In general, you won’t need to worry about the TCPA as long as you are collecting and managing numbers properly, and following a few important rules about the content and frequency of your messages.

Obtain Written Consent:

Make sure you secure express written consent from each contact before adding them to your SMS or voice messaging list for your text service. The FCC defines “express written consent” as the consumer’s agreement, in writing, to allow the business to deliver specific types of messages to them. Businesses should also remind consumers that standard text messaging rates may apply when they send or receive messages.

Filter & Categorize Messages:

When you obtain consent (opt-in) to send SMS messages to your customers, it is advisable to name the types of messages you plan to send. You may even give consumers the option to receive only certain types of messages. For example, a contact may consent to receive account updates but not marketing messages. Be sure to send contacts only the types of messages they have consented to receive.

Observe Time Restrictions:

The TCPA prevents untimely alerts and interruptions to consumers by restricting calls and texts to between the hours of 8:00 AM and 9:00 PM in the contact’s own time zone. Some states publish additional restrictions, such as prohibition of contact on weekends. Be sure to learn your state’s law before you start sending SMS messages. If your messages will fall outside of these guidelines, ensure your consent process informs contacts of the window of time that messages will be sent.

Provide Opt-Out Options:

Provide your contacts with multiple ways to opt-out of receiving your messages. Not only will this prevent you from violating consumers’ rights under the TCPA, but it will encourage consumers to opt-in to your messaging campaigns, providing reassurance that they can unsubscribe easily if they choose to no longer receive alerts from you.

Disclaimer

The information provided in this document is not intended and should not be construed as or substituted for legal advice. It is provided for informational purposes only. It is advisable to consult with your counsel on the precise scope and interpretation of any given laws/legislation and their impact on your particular business.

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