The Telephone Consumer Protection Act (TCPA) is a federal law that sets restrictions on how businesses can contact consumers through telephone calls, text messages, and faxes. To comply with the TCPA, call centers must ensure that they have the consent of the consumer before making any calls and that they are only contacting the consumer with information that they have agreed to receive. Additionally, call centers must make sure that they are not making any calls that could be considered harassing or abusive.
Does TCPA only apply to phone calls?
The Telephone Consumer Protection Act of 1991 (TCPA) is a law that protects consumers from certain types of telemarketing and telephone solicitations. The law applies to any “call” made using an autodialer or prerecorded voice, and to any text message sent using an automatic telephone dialing system.
The TCPA prohibits telemarketers from making calls or sending text messages to consumers who have previously asked not to be contacted. It also prohibits telemarketers from making calls or sending text messages to consumers who are on the National Do Not Call Registry.
The TCPA allows consumers to file a lawsuit against any telemarketer who violates the law.
What are TCPA requirements for call centers?
There are a number of TCPA requirements for call centers that are in place to protect consumers from unwanted calls and spam.
One of the most important TCPA requirements for call centers is the “prior express written consent” rule. This rule requires businesses to get written consent from consumers before making telemarketing calls.
Another important TCPA requirement for call centers is the “no-call list” rule. This rule prohibits businesses from making telemarketing calls to numbers that are on the National Do Not Call Registry.
Businesses must also comply with the “Telemarketing Sales Rule” (TSR). This rule requires businesses to disclose certain information before making a telemarketing call, such as the name of the caller, the product or service being offered, and the price.
Businesses must also comply with the “Do Not Call Registry” rule. This rule requires businesses to check the National Do Not Call Registry before making telemarketing calls.
Businesses must also comply with the “Robocall Rule” (the “Telephone Consumer Protection Act” or “TCPA”). This rule prohibits businesses from making automated telemarketing calls to consumers without their prior express written consent.
Which calls are exempt from TCPA?
The TCPA is a federal law and, as such, it applies to all states. However, states are free to impose stricter laws than the TCPA.
The TCPA exempts certain types of calls from its restrictions. These include:
- Calls made for emergency purposes
- Calls made with the consent of the recipient
- Calls made by a person with whom the recipient has an established business relationship
- Calls made by a tax-exempt nonprofit organization
- Calls made to collect a debt
- Calls made to notify the recipient of an event involving the recipient
Bright Pattern TCPA Compliance Solutions
Bright Pattern’s call center software helps call center managers to manage their call center agents and telemarketing activities while avoiding TCPA litigation and lawsuits. Our omnichannel contact center solution features an advanced automatic telephone dialing system (ATDS) that complies with FCC, FTC, and TCPA rules.
Ensure that outbound call campaigns to telephone numbers and cell phone numbers are compliant with TCPA law, follow best practices, and safeguard your contact center. Bright Pattern’s compliance solutions ensure that contact centers are following the provisions of TCPA and abide by national DNC lists. Ensure prior consent when making outbound calls using our intelligent autodialer.
