Over the years, the interpretation of the TCPA has changed and absolute certainty has never been established about what is “compliant.”

Nevertheless, the following compliance principles are important to bear in mind:

• Callers may not use “automated telephone dialing systems” (as defined by the TCPA) to call wireless phones without prior express consent
• Callers may not leave pre-recorded messages on wireless phones without prior express consent
• Consumers may revoke consent to receive calls or SMS messages by any reasonable means
• Some emergency exceptions allow a company to call or send SMS messages to wireless phones without prior express consent, such as medical alerts.

At LiveVox, we put 20+ years of compliance experience to work for you, equipping you with the right TCPA-focused solutions and expertise to help keep your outbound operations above board.

To understand the TCPA, we have to go back in time. Way back to the early 1930’s when Congress passed The Communications Act of 1934, which combined and organized federal regulation of consumer telephone, telegraph, and radio communications.

The Act governs new communications technologies and provides provisions for how organizations are allowed to communicate with customers & subscribers.

In 1991, a new provision was signed into law as a response to a growing rise in unregulated and unwanted telemarketing outreach to consumers. And thus, the Telephone Consumer Protection Act (TCPA) was born:

• Restricts, among other things, telephone solicitations and the use of automated phone equipment such as autodialers
• Governs the use of pre-recorded voice messages, automatic dialing, and SMS and fax use.

Without explicit customer consent to make contact, any organization doing outbound engagement must:

• Adhere to various rules about the use of an autodialer and pre-recorded voice messages
• Honor the National Do Not Call Registry.

If you have questions about how to navigate TCPA compliance in your operations, our legal experts are here to help.

Making TCPA compliance a priority is crucial if you want to prevent lawsuits, fines, interruptions to your operations, reputation loss, and other potential negative impacts of violating the rules.

Here are some risk mitigation best practices to keep in mind if you plan to be, or currently are, doing outbound engagement under the TCPA:

General

• Obtain consent whenever possible
• Keep complete records of consent for opt-in and opt-out (DNC list)
• Understand if the system you are using is an automatic telephone dialing system, or not, under the TCPA

Text Messages

• Support the STOP keyword for opt-out
• Avoid texting reissued mobile phone numbers
• Include clear calls-to-action, terms of service, and privacy policies
• Talk like a person—conversationally—not like a robot

Phone Calls

• Use call and screen recording to help ensure and maintain valid consent
• Consider speech analytics for an enhanced understanding of agent activity and compliance oversight

LiveVox provides the TCPA expertise you need to navigate risky regulatory waters. But we also give you the solutions and tools it takes to address compliance concerns head on and help keep your operations on the right course.