TCPA Compliance Isn’t Just for Call Centers: TCPA Requirements Companies Often Miss

The Telephone Consumer Protection Act (TCPA) is a U.S. law enacted in 1991 to protect consumers from unwanted and intrusive communications such as telemarketing calls, robocalls, and unsolicited texts. TCPA requirements place strict restrictions on how businesses and organizations can contact individuals using automated dialing systems, prerecorded voice messages, or mass text messaging. 

TCPA requirements especially apply to communications made for marketing purposes. However, despite common assumptions, TCPA compliance isn’t just for call centers. 

The TCPA is important because it helps safeguard privacy, reduce nuisance calls, and give consumers control over who contacts them and how. For businesses, understanding and following TCPA rules is crucial not just for legal compliance but also for maintaining trust and credibility with customers.

TCPA violations can cost over $1,000 per call or message. But in addition to financial repercussions, you also risk damaging your reputation and losing customer trust. Keep reading to find out how you can avoid common mistakes and remain TCPA compliant.

What Are the Most Basic TCPA Requirements?

There are five main TCPA requirements you should make sure you follow:

1. Prior Consent

Prior express consent is required before calling or texting consumers through the use of an autodialer or prerecorded voice. For non-marketing or informational messages like appointment reminders, basic consent is typically sufficient. However, for marketing/promotional messages, you must get prior express written consent.

2. Autodialed or Prerecorded Calls to Cell Phones

Even informational or non-sales messages to mobile phones using an autodialer or prerecorded voice require prior express consent. Marketing messages need prior express written consent.

3. Do Not Call (DNC)

Businesses must honor the National Do Not Call Registry. Consumers on the registry cannot be contacted with marketing calls. Exceptions include a prior business relationship or written consent. Businesses must also maintain and respect an internal DNC list.

4. Time-of-Day

Telemarketing calls can only be made between 8:00am and 9:00pm in the local time of the recipient.

5. Opt-Out

All marketing calls and texts must include a clear and easy method to opt out. For texts, this often includes replying “STOP.” For calls, it might be a menu option to be placed on the DNC list.

These rules apply to calls, texts, and faxes made using autodialing systems or artificial/prerecorded voices. Violations can lead to statutory damages of $500–$1,500 per call or message.

Who Is Responsible for Meeting TCPA Requirements?

Under the TCPA, a wide range of companies and organizations can be held liable if they violate its rules on telemarketing, autodialed calls, prerecorded messages, or SMS/text messages. It is important to recognize that any entity engaging in these practices are typically held liable, not just call centers.

Any business that engages in direct marketing or telemarketing is responsible for meeting TCPA requirements. This might include telemarketers or sales organizations. But any company that calls or texts consumers for commercial purposes or uses autodialers or prerecorded voice messages without proper consent can be held liable.

Third-party marketing firms and lead generators should be wary of TCPA requirements. Examples include vendors or contractors who make calls or send messages on behalf of another business. In these cases, both the vendor and the company that hired them may be liable and face penalties.

Debt collectors and financial institutions that use automated dialing systems or prerecorded messages to contact consumers should be careful. Even if the message isn’t explicitly promotional, it can still fall under the TCPA if made without consent.

Nonprofits and political organizations are exempt from some TCPA rules like National Do Not Call lists. However, they must still comply with restrictions on autodialed and prerecorded calls to cell phones.

Calls or texts from hospitals, doctors, or pharmacies are partially exempt. But they must meet specific conditions under the HIPAA exemption. They still require prior express consent in many cases.

Text message marketers or any organization sending mass SMS/MMS campaigns are subject to TCPA requirements. They must have prior express written consent for marketing messages.

Finally, technology platforms enabling mass communications can be liable if they control the content or delivery of the message. This includes companies that provide autodialing or texting platforms like SMS marketing tools.

Key Factors in Determining Liability

There are some factors that can influence your liability. First is consent. The type of consent required depends on whether the message is informational or marketing. It also matters who initiates the call or message. Courts often look at who has control over the campaign. And the use of autodialers or prerecorded voices require higher levels of consent, especially when calling cell phones.

What TCPA Requirements Do Companies Often Miss and Why?

Companies often overlook certain TCPA requirements due to misunderstandings about the law, outdated technology use, or reliance on third-party vendors. Here are the most commonly missed TCPA requirements and why they’re often overlooked:

Misunderstanding What Counts as an Autodialer

Companies can make the mistake of assuming their system isn’t an “autodialer” because it doesn’t randomly generate numbers. While the definition of an autodialer has been the subject of legal debate, many systems with automated dialing capabilities—even if calling from a list—can still fall under TCPA depending on court interpretation.

Failing to Get Prior Express Written Consent for Marketing Texts and Calls

Using verbal consent or opt-ins that don’t meet the strict written standards can be a big mistake. Some companies assume that checking a box or filling a form is enough, but the law requires clear, unambiguous written agreement with specific language.

Insufficient Opt-Out Options

Another big mistake is not including an opt-out method in texts or prerecorded calls at all. But sometimes, the opt-out process simply isn’t clear to most consumers. Some companies assume that opt-outs are only for emails. Or, they might forget to implement keyword replies like “STOP” in their SMS workflows.

Failure to Verify Ownership

Messaging numbers that have been reassigned to new users can have serious consequences. Because numbers frequently change hands, if a prior customer opted in but the number now belongs to someone else, contacting it can be a TCPA violation.

Overlooking DNC Lists

Some companies assume that compliance with the National DNC Registry is enough. However, these businesses forget they must also maintain and honor their own internal DNC list and update it regularly within 30 days of a request.

Not Vetting Third-Party Marketers or Lead Generators

It isn’t only the vendor who is liable for TCPA violations. Some companies think that outsourcing protects them, but courts often hold the hiring business liable if the vendor violates TCPA rules.

Text Messages vs. Calls

TCPA requirements apply not just to phone calls but to texts as well. Some businesses think that texting is different, but the FCC has explicitly stated that SMS and MMS messages count as “calls” under the TCPA.

Ignoring Revoke of Consent

Ignoring or delaying a consent withdrawal process is problematic. This applies even if the delay isn’t intentional. Sometimes technical systems may not sync opt-out requests across departments quickly enough, especially in large organizations.

TCPA compliance failures often come down to incorrect assumptions and a lack of updated processes, especially as technologies and legal interpretations evolve. To be sure you are always TCPA compliant, follow some best practices for meeting TCPA requirements.

10 Best Practices for Meeting TCPA Requirements

Meeting TCPA requirements involves more than just avoiding obvious violations. It also requires a proactive compliance strategy. Here are 10 key best practices to help you stay compliant and avoid costly penalties:

1. Obtain Proper Consent Clearly and in Writing

For marketing calls or texts, get prior express written consent with language that clearly states that

• the consumer is agreeing to receive marketing calls/texts.
• the use of an autodialer/prerecorded message may be involved.
• consent is not a condition of purchase.

Retain records of consent including time, date, method, and content.

2. Maintain an Internal DNC List

Create and regularly update an internal DNC list. Honor consumer opt-outs within 30 days. Retain DNC requests for at least 5 years.

3. Use Reputable Technology Vendors and Vet Third Parties

Choose dialing and texting platforms that comply with TCPA standards (like built-in opt-out handling). Ensure contracts with vendors and lead generators include

• TCPA compliance language.
• indemnification clauses.
• proof of consent documentation.

4. Comply with Time-of-Day Restrictions

Only place calls between 8:00am and 9:00pm in the recipient’s local time zone.

5. Provide Clear and Easy Opt-Out Mechanisms

Include opt-out instructions in every call and text. For texts, allow replies like “STOP.” For calls, offer an interactive voice response (IVR) system or voice prompt to opt out.

6. Keep Consent Records and Audit Trails

Store evidence of consent, call logs, opt-outs, and compliance checks. Regularly audit these records to identify gaps or errors.

7. Check Numbers Against the National DNC Registry

Subscribe to and scrub call lists against the registry. Verify numbers regularly as numbers change hands and the list changes.

8. Monitor and Clean Phone Numbers

Implement tools to detect number reassignment or carrier changes. Avoid contacting numbers without reconfirming ownership periodically. Keep all of your phone data complete and accurate to avoid mistakes.

9. Regularly Train Staff

Train all employees and contractors who make outbound calls or texts. They should be aware of TCPA requirements, internal policies and procedures, and opt-out mechanisms. Staff should know what to do when a consumer revokes consent.

10. Have a TCPA Compliance Policy

Create a written TCPA compliance policy. It should outline consent-gathering procedures, vendor vetting steps, escalation paths for complaints, and procedures for honoring opt-outs and DNC requests.

TCPA Requirements Matter

It’s important to remember that the TCPA was created to protect consumers. While modern technologies have made it easier than ever to contact leads, that doesn’t mean that businesses have free reign. Consumers have a right to their privacy. Penalties for ignoring or neglecting these consumer rights are justifiably steep to help hold businesses accountable. 

As long as you remain aware of TCPA requirements and implement measures to protect both your business and the consumer, you can remain compliant and avoid costly consequences. Searchbug can help. Try a bulk phone validator or phone validation API today to find out which numbers are safe to call or text.