The Telephone Consumer Protection Act (TCPA) is one of the most important regulations affecting auto-dialer users. Violations can result in massive fines - some reaching into the millions. This guide will help you stay compliant.
What is TCPA?
The TCPA is a federal law enacted in 1991 to protect consumers from unsolicited telemarketing calls. It restricts automated calling equipment, text messages, and fax machines. The FCC enforces TCPA, and violations can cost $500-$1,500 per call - quickly adding up to millions.
Key TCPA Rules You Must Know
1. Prior Express Written Consent (PEWC)
For autodialed or prerecorded calls to wireless phones, you need written consent from the recipient. This consent must be:
- In writing
- Signed by the consumer
- Specific about the business
- Include phone number(s) to be called
2. Do Not Call Registry
You must scrub your call list against the National Do Not Call Registry at least 31 days before calling. Check the registry monthly.
3. Calling Time Restrictions
Calls may not be made:
- Before 8 AM local time
- After 9 PM local time
4. Opt-Out Requirements
All automated messages must include an automated opt-out mechanism, such as "Press 9 to opt out."
⚠️ Major Risk: Purchased Lists
Never use purchased or harvested phone lists. These almost always contain numbers without proper consent, exposing you to massive liability. Always use lists where you have documented consent.
TCPA Violation Penalties
- Per-call penalty: $500-$1,500 per call
- Willful violations: Up to triple damages
- Class action lawsuits: Can reach millions
- State attorney general: Can pursue additional penalties
How CallOnTheGo Keeps You Compliant
CallOnTheGo includes built-in compliance tools:
✅ Automatic DNC Scrubbing
We automatically scrub your lists against the National DNC registry before every call campaign.
✅ Consent Tracking
Built-in consent management to document and track express written consent for every number.
✅ Call Recording
Record calls for compliance documentation and dispute resolution.
✅ Calling Window Enforcement
Automatic blocking of calls outside allowed hours (8 AM - 9 PM local time).
Best Practices for Staying Compliant
- Document everything: Keep records of all consent for at least 4 years
- Scrub regularly: Check DNC registry monthly, not just before campaigns
- Honor opt-outs immediately: Process opt-out requests within 10 business days
- Train your team: Make sure everyone understands TCPA requirements
- Use compliant tools: Choose auto-dialers with built-in compliance features
Conclusion
TCPA compliance isn't optional - it's essential for any business using auto-dialers. By understanding the rules and using compliant tools like CallOnTheGo, you can protect your business from devastating fines while still reaching more prospects.
Stay Compliant with CallOnTheGo
Our built-in compliance tools help you stay on the right side of TCPA.
Start Compliant Calling