TCPA Compliance

Organizations that engage in solicitations are expected to comply with the regulations set forth by the TCPA (Telephone Consumer Protection Act of 1991) or face penalties ranging from $500 - $1500 per occurrence.

TCPA compliance is multi-faceted, including, but not limited to, following the guidelines set forth by the National Do-Not-Call Registry, maintaining an internal do-not-call list, restricting residential calls to the hours of 8am to 9pm, and adherence to restrictions surrounding the use of autodialers and multi-line dialers.

Given the depth and continually evolving nature of TCPA regulations, consultation with an attorney is recommended.

Are there TCPA-compliant dialers?

Autodialers are heavily regulated by the TCPA in an effort to reduce unwanted robocalls transmitting sales-related messages (as opposed to informational messages, like school closings or flight delays).

Strict regulations have also been imposed on the use of multi-line dialers (such as predictive dialers) to reduce the number of hang-ups or “dead-air” calls consumers receive. Multi-line dialers, which rely on technology to determine when a call is answered live, have the potential to drop calls when an agent is not available. Fines of up to $11,000 per incident can be levied on organizations who drop more than 3% of their calls.

To avoid risk of TCPA violations and penalties for dropped calls, organizations can use a power dialer, which carries no risk of dropped calls. When equipped with features to help agents honor do-not-call requests and prevent calls before 8am and after 9pm, power dialers can go even further to aid in TCPA compliance.