What is TCPA Compliance?
TCPA stands for Telephone Consumer Protection Act. Signed into law in 1991, the act was designed to reduce the number of telemarketing calls received by consumers. It included a “do-not-call” (DNC) list, though it wasn’t until 2003 that the FTC established a centralized list, as well as other provisions related to telemarketing calls, auto-dialed calls, prerecorded messages, text messages, and unsolicited faxes.
In October of 2013, the TCPA was updated to require express written consent for auto-dialed calls, prerecorded calls, and text messages sent to wireless numbers. The update also requires written consent for prerecorded calls that are made to residential numbers.
How is Call Logic TCPA Compliant?
Call Logic offers a completely TCPA compliant system, with a non-ATDS calling platform that will allow users to legally call their cell phone lists.
When a user logs in, they will see a choice of two separate calling platforms. Having both platforms built into our product allows you to call all types of phones (landlines, cell, and VoIP phones) and is proven to be 3x faster than hand dialing.
These two platforms are:
- Calling Assistant - Allows users to contact their landline contacts, and provides real-time scrubbing against the Federal DNC, State DNC, internal corporate DNC lists if provided, and Cell Phone lists, at no additional cost.
- Click to Call - 100% non-ATDS system that can be used legally to call your contacts with listed cell phones numbers.
In addition to our corporate measures to keep you compliant, we have worked with Allstate legal and compliance to create a system that has been widely accepted. Additional steps for compliance have been added, including:
- Call warning/disclaimers when recording calls
- Scrubbing against Allstate DNC lists
TCPA Compliance Checklist
- Do not call residences before 8am or after 9pm, local time
- Keep a DNC list specific to your business or organization and honor it for 5 years
- Honor the National DNC Registry
- Provide your name, the name of your company, and a phone number or address where the consumer can reach your company
- Without prior written consent, do not use artificial voices or recordings when contacting residences
- Do not use auto-dialers, artificial voices, or recordings when contacting hospitals and other healthcare facilities, mobile phones, or other numbers where the recipient pays for the call
- If using a prerecorded message, include an opt-out function that will put the consumer on the DNC at their request
- Disconnect a call if no one has picked up after 15 seconds or 4 rings, whichever is sooner
- The abandonment rate for calls answered by a live person cannot exceed 3% in a 30-day period for a single calling campaign (If the campaign lasts longer than 30 days, the counter simply resets at the start of the following period)
- Check regulatory updates at least once a week, either through a newsletter subscription or legal counsel