TCPA Compliance and regulations
What is it?
TCPA stands for Telephone Consumer Protection Act. It is a federal law enacted in the United States in 1991 to protect consumers from unwanted telemarketing calls, faxes, and text messages. TCPA sets strict rules and guidelines for businesses and telemarketers, requiring them to obtain prior express consent from individuals before making any marketing calls or sending any promotional text messages. TCPA also provides consumers with the right to sue telemarketers who violate the law and seek damages for unwanted calls or texts.
1. Why Is There A Risk?
In 1991, there was a rise in the number of unsolicited telemarketing calls consumers were receiving, particularly from robo-dialers and pre-recorded calling machines.
In response to the increase of unsolicited calls, US Congress passed the Telephone Consumer Protection Act (TCPA) to restrict sales calls and the use of robo-dialers and recordings. The TCPA also gave rise to the Do-Not-Call (DNC) Registry to limit telemarketing calls they received.
Managed by The Federal Trade Commission, the DNC Registry gives consumers an opportunity to reduce unsolicited sales calls by making infractions of this law by telemarketers punishable by substantial fines.
2. What Does This Mean For You?
Marketers are required to follow all rules associated with the DNC Registry. Additionally, marketers cannot call people who are on the Do-Not-Call Registry to entice them to buy or sell a service.”
When it comes to past clients, if a number is on the DNC list, the rules offer you an 18-month exclusion period. Beyond this time frame, written permission is required to make offers or selling a service.
Overall, any time someone calls a number on the DNC Registry to offer services, they are subject to the DNC list rules and guidelines (and the penalties for violating them).
3. Reducing The Risk
To reduce the risk of lawsuits as a result of complaints, you can look up any number on the National DNC List (and your state’s list) and simply choose not to call those numbers.
With PRINTgenie SMS, you can add any number to your personal Do Not Contact list. So if you don’t have an established business relationship, you can easily exclude them from your call sessions.
That being said, if you do have a pre-existing relationship or written consent from DNC registrants, you can relax. Calling these numbers does not violate the DNC rules and guidelines. But apart from these two exemptions, calls made to numbers on the DNC list greatly increase your risk.
4. Compliance Is Up To You
No matter who you get your leads from, if the source of those leads (title companies or lead services) pull data from public records to provide you with telephone numbers, then compliance with the DNC rules and regulations is up to you.
5. The Big Picture
Like most business approaches, there are risks and there are rewards. Understanding the balance between the two is your responsibility. For marketers compliance is mandatory. Your company may also have their own policies about calling.
Before calling, educate yourself, make informed decisions, and call wisely.