In this article, we explain the TCPA rules and the best practices to follow them
In any circumstances, you want to always ensure that your calls are TCPA (Telephone Consumer Protection Act) compliant. What this means is that as you conduct your outbound calls, you are calling in respect with the rules set forth by the Federal Communications Commission.
There are many regulations outlined in the TCPA and a full list by the FCC can be found here. In the next following steps, we will cover how to follow these guidelines and even tips for specific software usages depending on what you use.
Urgent Note: This document is not to provide specific legal advice and is only intended for general information in regards to the TCPA. We encourage you or your team to reach out to a legal professional for specific legal advice.
Getting Started
- First, ensure that your calls are STIR/SHAKEN compliant. You can run a test from our Call Tester to check your attestation. For more information on understanding the STIR/SHAKEN tester, see https://kb.calleridreputation.com/knowledge/using-the-stir-shaken-call-tester
- Next, ensure that none of your numbers are exceeding 100-150 outbound connections. These connections are how many times you have dialed to someone - regardless of the disposition, if the call was dropped, or any other circumstance. Exceeding this outbound limit is a quick way to cause a new flag (or flags) for your numbers.
- If you do not already have consent from your lead or customer, do not contact them using an auto dialer or pre-recorded voice. This can include an IVR text to speech, an agent that was recorded beforehand, or anything similar for any reason, telemarketing or not.
- If you do have consent to perform pre-recorded messages to your client or lead, ensure that you include a way to opt out of these messages. Preventing or not including a method to opt out of messages can lead to a violation of the TCPA and a flag (or worse!)
- Telemarking calls and texts must be kept between the hours of 8 A.M. and 9 P.M at the receiver's location. Remember - just because it's 9 A.M. at your location could mean it's 6 A.M. at your client's location!
- When performing cold calls, ensure that those you are dialing either have provided consent beforehand to your calls or that they are not on the "Do Not Call" list. If your dialing software does not have this implemented, you can use the FTC's Do Not Call Registry for Telemarketers.
- Some dialers such as Voicent, PhoneBurner, Five9, and more have an integrated DNC list scrubber built into their software. If you believe or wish to inquire about a DNC scrubber with your dialer, we recommend reaching out to their support to get more information. At this time, our software does not have the ability to run DNC scrubs for your calls.
- When performing telemarketing calls, ensure that your agents are providing their name, the company they are with, and a telephone number or address in which they can be contacted. Make sure to always keep this up to date!
- If you are a company that makes urgent calls to your customers in regards to items such as a tripped alarm system, account fraud, login alerts, medication refills, time-sensitive health information, service interruptions, school closure updates, unexcused absences at the school, and more.
- These messages should also include the ability to opt out, should the receiver want to stop future messages.
As per usual, we always recommend consulting with a legal expert to ensure that your calls are fully TCPA-compliant and that calls you make are not in violation of this act. Multiple violations could potentially be harmful in more ways than one to your organization.