TCPA stands for Telephone Consumer Protection Act, signed and approved in 1991.
TCPA is dedicated to the protection of consumers. It restricts telemarketing calls and the use of automated telephone equipment.
It limits the use of:
- automatic dialing systems,
- artificial or prerecorded voice messages,
- and SMS text messages.
It also specifies various technical requirements for the systems mentioned above, mainly with provisions requiring the identification and contact information of the entity using the device.
In addition to this, the Federal Trade Commission started the National “Do Not Call Registry” in which customers can register their home or mobile phone number to avoid receiving telemarketing calls.
In 2013, the TCPA stipulate to require express written consent for dial-up calls, prerecorded calls, and text messages. The update also requires written consent for prerecorded calls made to residential numbers.
TCPA Compliance Checklist
- Call attempts should be between 8 am or after 9 pm, local time.
- Honor the DNC for at least 5 years.
- Remember to give the name of your company along with a phone number or address where the consumer can reach your company.
- Artificial or prerecorded voice is not an option when calling a residence without previous consent.
- Keep a record of consumers who have consented to receive communications and the type of communications to which they have approved.
- Maintain a procedure for ceasing calls, to those clients who requested.
*Check regulatory updates constantly.
TCPA compliance exceptions checklist
In addition to all the regulations, there are also some exceptions that might be helpful to become aware of.
These exceptions include:
- Calls that are manually dialed do not fall under TCPA regulations.
- If the call is not made for a commercial purpose.
- If the call does not include an unsolicited advertisement, even with a commercial purpose.
How can Nuxiba help you?
Nuxiba technologies have developed contact and a call center software with helpful features, among them:
- Time zone validation (manual call): Checkbox through which the system is enabled to verify that campaign calls are being made within clients’ time zone.
If enabled, manual call attempts will be subject to the campaign’s schedule.
If the campaign is out of schedule at the time an agent makes a manual call attempt, the system will pop up a message in order to inform the agent that his/her call cannot be completed due to a time zone incompatibility.
- Clicker: This feature allows interactive automatic dialing but with little human intervention for further regulation.
- DNCL Scrub Service: to compare the database or Excel records with the national do-not-call registry de la FTC
- Retry attempts: Dialing retries when there is no answer, the line is busy, or you are sent to fax/answering machine) in these retry (times) and interval (minutes) fields regulate the dialing attempts and the interval in which they will be made.
- Enable compliance: Checkbox through which the system is enabled to dial campaign records in accordance with the American holiday calendar. Therefore, the system will not dial on holiday days.
- Black Lists or do-not-call lists: Through this feature, you will be able to block the numbers that have been recorded in a National Do Not Call Registry (add them to a DNCL) so that the system does not dial them and consumers are not disturbed.
Furthermore, you will be able to create do not call lists in accordance with your needs; for instance, if you already sold a product to a client and you do not want to contact him/ her again, you can add his/her telephone number to your DNCL list.
In Nuxiba our mission is to help you.
If you want more information about our TCPA Compliance tool, click here.
Or request a free consultancy with one of our experts.