How do I get consent to send SMS and ringless voicemail?
TCPA requires prior express written consent before sending automated calls or texts. Add a clear checkbox to your lead capture forms, website sign-ups, or sales contracts asking for permission to send messages. Make it clear what you'll send and that consent can be revoked anytime. Compliance requirements vary by use case, so consult legal counsel.
How do I allow contacts to opt-out?
TCPA requires an opt-out mechanism for every automated call or text. For SMS, customers can reply with 'STOP', 'UNSUBSCRIBE', or 'END' to opt out automatically. For ringless voicemail, configure an IVR system that lets customers call back and press a key to opt out. All opt-outs are added to your suppression list with audit logs.
Do I need to scrub against the National Do Not Call list?
If contacts have explicitly opted in, you don't need to scrub against the National Do Not Call Registry. For telemarketing calls without prior express written consent, TCPA requires you to scrub against the NDNCR and maintain your own internal Do Not Call list. Consult legal counsel to determine your requirements.
What is the Reassigned Numbers Database?
The Reassigned Numbers Database is an FCC-established database that tracks permanently disconnected phone numbers. Businesses query it before calling to check if a number has been reassigned since obtaining consent. Using the RND can provide safe harbor protection from certain TCPA claims. Consult legal counsel about integrating RND into your compliance program.
What are TCPA quiet hours?
TCPA restricts automated and prerecorded calls to between 8:00am and 9:00pm local time based on the recipient's location. These restrictions are designed to protect consumers from unwanted late-night or early-morning calls. Some states have stricter quiet hours that differ from federal rules. Check state requirements for your target areas.
Do I need to register with The Campaign Registry for SMS?
Yes. All major US carriers require businesses to register with The Campaign Registry for business text messaging. This requirement helps carriers filter spam and protect consumers. Registration includes your business, use case, and brand. Messages won't be delivered without registration.
How do state laws affect my calling campaigns?
Several states have 'mini-TCPA' laws with stricter requirements than federal law. These laws aim to provide additional consumer protections beyond federal requirements. Some states require consent for manual calls or have different quiet hours. Consult legal counsel about state-specific requirements in your target areas.
What happens if I violate TCPA regulations?
The TCPA was enacted to protect consumers from unwanted calls and texts. Non-compliance can result in penalties, so it's important to obtain proper consent, maintain opt-out mechanisms, and follow time restrictions. Compliance tools including DNC scrubbing and opt-out processing help reduce risk. Always consult legal counsel about your obligations.
Can Drop Cowboy guarantee my compliance?
No. Drop Cowboy provides educational resources and tools to assist with compliance efforts, but regulatory compliance is ultimately your responsibility. The TCPA places legal obligations on the party initiating calls or texts, not the platform operator. We recommend consulting qualified legal counsel for guidance specific to your business.