Have you ever been bombarded with calls and texts from unknown numbers promoting products you never signed up for? If so, you’re not alone. Telemarketing, when done improperly, can be a nuisance. However, the Telephone Consumer Protection Act (TCPA) is designed to protect consumers from such intrusive marketing tactics.
Understanding TCPA delivery rules is essential for businesses to engage responsibly in telemarketing calls, text messages, and prerecorded voice communications.
This guide breaks down these rules, explaining how companies can obtain prior express written consent, the use of automatic telephone dialing systems (ATDS), the handling of prerecorded voice messages, and the importance of complying with the National Do Not Call (DNC) Registry.
A Guide to TCPA Delivery Rules Explained: Telemarketing Compliance
TCPA compliance rules aren’t limited to one-to-one consent or a consumer’s explicit agreement. Here is a quick breakdown of the most crucial TCPA delivery rules to keep in mind.
1. What Are TCPA Delivery Rules?
Imagine receiving a call while enjoying dinner with your family, only to find out it’s another robocall offering you a service you never requested. TCPA delivery rules aim to prevent such unwanted disruptions by regulating how and when businesses can reach out to consumers.
These rules require businesses to:
- Obtain valid express consent before initiating phone calls, text messages, or artificial voice calls.
- Cross-check consumer phone numbers with the National Do Not Call Registry.
- Use clear and conspicuous disclosure when obtaining consent.
- Provide an opt-out mechanism so consumers can easily stop further calls.
The Federal Communications Commission (FCC) enforces these rules and limits such advertisements and telemarketing calls by federal law to prevent unwanted complications for users.
2. The Role of Prior Express Written Consent
Think of consent as an agreement between a business and a consumer. Before a company can send marketing messages, it must obtain prior express written consent from the recipient. This protects consumers from being spammed and ensures transparency in telemarketing.
What Makes Consent Valid?
- It must be written. (Electronic forms are acceptable.)
- The consumer must explicitly authorize the communication.
- The identified seller must be clearly named.
- The agreement must state that providing consent is not a requirement for purchasing goods or services.
Without prior express written consent, businesses risk violating TCPA rules, which can lead to significant fines.
3. Using an Automatic Telephone Dialing System (ATDS)
An automatic telephone dialing system (ATDS) is any technology that can:
- Store or generate telephone numbers.
- Use a sequential number generator to dial numbers.
- Call consumers automatically without human intervention.
Under TCPA regulations, businesses must not use ATDS to make marketing calls or send texts without obtaining prior express consent from the consumer.
4. Artificial or Pre-Recorded Voice Messages
If a business uses artificial or prerecorded voice messages, it must:
- Clearly identify the seller making the call.
- Provide an easy opt-out mechanism so consumers can stop further communications.
Businesses that ignore these requirements risk hefty penalties from the FCC.
5. Handling the “Person Called” Requirement
TCPA rules specify that the person called is the individual assigned to the telephone number at the time of the call. This means:
- If a number is reassigned to a new user, the prior express consent is no longer valid.
- Businesses must maintain up-to-date customer contact lists to avoid calling reassigned numbers unintentionally.
Failure to ensure that a call is going to the intended recipient can result in TCPA violations.
6. Lead Generator Loopholes and Compliance
Many businesses use lead generators to gather consumer contact details through comparison shopping websites, surveys, or promotional offers. However, some lead generators exploit loopholes, leading to multiple companies contacting a consumer without their direct consent.
Avoiding Violations:
- Consent must be one-to-one, meaning it applies only to a specific, identified seller.
- Consent forms must be logically and topically associated with the offered services.
- Businesses should avoid using shared or transferred consent from lead generators.
By ensuring that consent is direct and specific, businesses can avoid TCPA-related fines and legal consequences.
7. National Do Not Call (DNC) Registry Compliance
The National Do Not Call Registry exists to protect consumers from unwanted telemarketing calls. If a consumer’s number is on this registry, businesses are prohibited from calling them unless explicit permission has been granted.
Business Responsibilities:
- Verify consumer numbers against the National DNC Registry before making calls.
- Honor opt-out requests in a reasonable manner.
- Maintain an internal DNC list to track consumers who revoke consent.
Failure to comply with DNC rules can lead to substantial penalties and lawsuits.
8. Telephone Solicitation and Established Business Relationships
A telephone solicitation refers to any phone call made to promote a product or service. However, not all marketing calls fall under TCPA restrictions.
Exemptions from TCPA Restrictions:
- Calls made within an established business relationship (EBR).
- Non-commercial calls, such as political or informational messages.
- Calls made with the consumer’s express invitation or permission.
Even if a business has an established relationship with a consumer, it’s best practice to obtain written consent before making marketing calls.
Best Practices for TCPA Compliance
Staying compliant with TCPA delivery rules requires businesses to take proactive measures. Here’s how:
- Obtain proper consent – Always get prior express written consent before calling or texting consumers.
- Monitor Do-Not-Call lists – Regularly update and check both internal and national DNC registries.
- Identify the seller – Clearly state the identified seller in all communications.
- Provide clear opt-out options – Ensure consumers can easily revoke consent.
- Log consent records – Maintain detailed records of written agreements.
- Train employees – Educate staff about TCPA compliance rules to prevent violations.
Following these steps not only ensures compliance but also helps businesses build trust with consumers.
9. Recent Changes to TCPA Rules
As technology evolves, so do TCPA regulations. The FCC and FTC have recently implemented new updates to address lead generator loopholes and robocall abuses.
Key Updates:
- Stricter enforcement of consent requirements.
- Increased penalties for unwanted calls and robocalls.
- Stronger consumer opt-out protections to prevent unsolicited communication.
Businesses must stay informed about these new rules to ensure ongoing compliance.
Conclusion
Understanding and following TCPA delivery rules is crucial for businesses engaging in telemarketing, text messages, and artificial voice calls. By ensuring valid consent, honoring DNC requests, and maintaining compliance, companies can avoid hefty fines and establish better consumer relationships.
For more information, businesses should refer to the Federal Communications Commission (FCC) guidelines or seek legal expertise on TCPA compliance.
Get Help For TCPA Cases with BLG
Our professionals at Bourassa Law Group understand how such calls can impact users. Therefore, we are here to help you with all kinds of TCPA delivery rules, even involving multiple sellers who produce telephone numbers randomly.
We can help you end the telemarketing messages for good or artificial voice messages without consumer consent. All you need to do is share your specific case with us, and we will guide you with the rest.
1-800-870-8910