TCPA Compliance
Businesses that solicit over the phone must comply with the Telephone Consumer Protection Act (TCPA). Violations of the law can result in class action lawsuits, penalties from the FCC and state Attorney Generals, and a damaged reputation.
CompliancePoint’s qualified experts understand the impact that TCPA requirements can have on your operations and will work with you to ensure TCPA compliance while facilitating your marketing and sales goals. Each of our engagements is uniquely based on our client’s specific needs.
Our services can also ensure your organization complies with the Telemarketing Sales Rule (TSR) and all applicable state telemarketing laws.
If you’re one of the more than 3,000 businesses per year that face a TCPA lawsuit, we can help! Our Litigation Support Services include Expert Witness and Data Analysis support to help your company defend itself when issues arise.
Our engagements often include a combination of the following services:
Identify
Our experts will evaluate your consumer contact programs for any gaps or deficiencies that could expose your company to risk.
Mitigate
Our consulting service allows companies to have an expert compliance officer at their fingertips.
Manage
We have a broad array of monitoring services designed to provide insight into customer engagement activities.
Failure to comply with relevant legislation can have a devastating impact on your business. Don’t take chances - let our experts help! CompliancePoint has a variety of services that companies can leverage to manage the risk associated with the TCPA.
Our Focus
Our TCPA Compliance services are tailored to fit the budget and maturity of your business. You can customize a program that focuses on the services that are most vital to your operations.
Direct Marketing Campaign Reviews
We will review your direct marketing campaigns to ensure they are complying with the TCPA, Telemarketing Sales Rule (TSR), and state telemarketing regulations.
Policy and Procedure Development
Our experienced team can help you develop and implement outreach policies and procedures that are within the bounds of Federal and State telemarketing regulations while not being overly conservative.
Call Monitoring
Call monitoring services can be used to be sure your agents are following your organization's calling policies and procedures.
Post-call Data Audits
Analyze your post-outbound calls to ensure that your efforts comply with federal and state telemarketing rules. Monitoring can also include business rules such as calling cadence and specific calling times.
Regulatory Updates and Analysis
CompliancePoint will keep you up-to-date with regulatory changes and their potential impact on your organization, allowing you to plan and focus on business goals and avoid unnecessary fire drills.
Vendor Management
We can vet proposed vendors as well as monitor your existing vendors to ensure their outreach efforts are not exposing your organization to unnecessary risks.
Compliance Training
We can train your staff so they are aware of their responsibilities under the TCPA and other regulations and less likely to commit violations.
Operational & Technical Guidance
We aren’t just policy writers, leverage our expert recommendations to get the most out of your operational procedures and technology.
Monitoring & Enforcement
CompliancePoint can monitor your compliance efforts and policies to ensure that they are being adhered to.
Our Focus
Our TCPA Compliance services are tailored to fit the budget and maturity of your business. You can customize a program that focuses on the services that are most vital to your operations.
Direct Marketing Campaign Reviews
We will review your direct marketing campaigns to ensure they are complying with the TCPA, Telemarketing Sales Rule (TSR), and state telemarketing regulations.
Policy and Procedure Development
Our experienced team can help you develop and implement outreach policies and procedures that are within the bounds of Federal and State telemarketing regulations.
Call Monitoring
Call monitoring services can be used to be sure your agents are following your organization's calling policies and procedures.
Post-call Data Audits
Analyze your post-outbound calls to ensure that your outbound efforts are complying with federal and state telemarketing rules.
Regulatory Updates and Analysis
CompliancePoint will keep you up-to-date with regulatory changes and their potential on your organization.
Vendor Management
We can vet proposed vendors as well as monitor your existing vendors to ensure their outreach efforts are not exposing your organization to unnecessary risks.
Compliance Training
We can train your staff so they are aware of their responsibilities under the TCPA and other regulations and less likely to commit violations.
Operational & Technical Guidance
Leverage our guidance to get the most out of your operational procedures and technology.
Monitoring & Enforcement
CompliancePoint can monitor your compliance efforts and policies to ensure that they are being adhered to.
Our Benefits
Objective & knowledgeable assessments
Proven techniques and strategies
Cost savings
Target high-priority tasks
Access to cutting-edge tools & technology
Education and awareness
Program benchmarking
Vendor management
Objective & knowledgeable assessments
Proven techniques and strategies
Cost savings
Target high-priority tasks
Access to cutting-edge tools & technology
Education and awareness
Program benchmarking
Vendor management
Let's get you started with TCPA Compliance
Learn More About the TCPA
The TCPA covers voice calls, faxes, VoIP calls, and text messages. The law defines “telephone solicitation” as "the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message (A) to any person with that person’s prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax-exempt nonprofit organization.”
If an organization uses a third party to make calls on its behalf, it could be held liable for any TCPA violations made by the third party.
The TCPA has a variety of requirements related to phone calls, text messages, and faxes. For your organization to maintain TCPA compliance, it needs to be doing the following:
- Suppressing against the National Do Not Call Registry and state Do Not Call lists when required.
- Accept and honor Do Not Call (DNC) requests from consumers and keep a centralized list of such requests along with the dates they were made.
- Obtain prior express written consent when using autodialers or prerecorded messages.
- Only make calls between the hours of 8:00 AM and 9:00 PM at the recipient’s location.
- Ensure caller ID is displayed.
- Disclose certain material facts including the agent’s name, company name, and contact information.
- Send a DNC policy to a consumer if requested.
- Train all telephone agents on their compliance responsibilities prior to engaging with customers.
- Monitor the abandonment rate when predictively dialing. For calls answered by a live person, the abandonment rate shouldn’t exceed 3% in a 30-day period (per campaign).
- Include an automated opt-out feature in abandonment messages and prerecorded messages.
- Monitor and enforce internal (and external 3rd parties) for compliance.
- Maintain records of compliance.
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Records Audited
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Expert Witness
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