TCPA Compliance

The Telephone Consumer Protection Act regulates automated calls and texts. If you're doing outbound outreach, you need to follow these rules. Here's how 24CallDesk helps you stay compliant.

The Basics

TCPA requires consent before making automated calls or sending marketing texts. The consequences for violations are steep: $500-$1,500 per call or text, plus class action exposure.

24CallDesk is built to help you follow the rules, but ultimately compliance is your responsibility. We provide the tools; you use them correctly.

Consent Requirements

For Marketing Calls and Texts

You need prior express written consent before:

• Automated marketing calls
• Marketing text messages
• AI-powered sales outreach

Written consent means the customer actively agreed, usually by:

• Checking a box on a web form
• Signing an agreement
• Texting a keyword to opt in

Verbal consent isn't enough for marketing.

For Informational Calls and Texts

Prior express consent (not necessarily written) is sufficient for:

• Appointment reminders
• Delivery notifications
• Account alerts
• Non-promotional service messages

The customer gave you their number expecting to hear from you about the service.

For Existing Business Relationships

You have more latitude with current customers, but still can't abuse it. An existing relationship allows:

• Service-related calls during business hours
• Follow-up on recent transactions
• Account-related notifications

It doesn't allow unsolicited marketing to old customers who never explicitly consented.

How 24CallDesk Helps

Consent Tracking

When contacts are imported or created:

• Mark consent type (written, verbal, implied)
• Record consent date and source
• Store documentation for audits

Contact: Sarah Martinez
Consent: Written
Source: Website form - "Schedule a Call"
Date: March 15, 2024

Do Not Call Management

24CallDesk maintains multiple DNC layers:

1. Your internal list: Customers who asked you to stop calling
2. National DNC Registry: We check numbers before dialing
3. State-specific lists: Where required by state law
4. Carrier opt-outs: Industry blacklists

Numbers on any list are automatically excluded from campaigns.

Calling Hours

TCPA prohibits calls before 8am or after 9pm in the customer's local time zone. 24CallDesk:

• Detects time zones automatically
• Respects quiet hours per jurisdiction
• Lets you set custom calling windows (more restrictive than required)

Opt-Out Handling

When someone says "stop calling me" or texts STOP:

• They're immediately removed from future outreach
• The opt-out is logged with timestamp
• They can't be re-added without new consent

Customer: "Please stop calling me."
AI: "I've removed you from our call list. You won't receive
     any more calls from us. Is there anything else I can
     help with today?"

Outbound Campaigns

When you set up an outbound campaign:

Campaign Settings

Configure per campaign:

• Calling hours (within legal limits)
• Maximum attempts per contact
• Days between retry attempts
• Voicemail behavior

Common Scenarios

Lead Follow-Up

When someone submits a form asking for information:

Lead fills out "Request a Quote" form →
Consent: Written (checkbox required)
AI calls within 5 minutes →
If no answer, leaves voicemail →
Texts: "We tried calling about your quote request. Reply to schedule a call."

This is compliant because the lead explicitly requested contact.

Appointment Reminders

Customer books appointment →
Consent: Implied (transactional relationship)
AI texts 24 hours before →
"Reminder: Your appointment is tomorrow at 2pm. Reply C to confirm
or R to reschedule."

This is informational, not marketing. Standard consent applies.

Marketing to Past Customers

Customer purchased 6 months ago →
Question: Do you have explicit consent for marketing?

If yes: Campaign proceeds normally
If no: Don't include them unless they opt in

An old purchase doesn't grant perpetual marketing rights.

Record Keeping

24CallDesk maintains records required for TCPA defense:

• Consent documentation: When, how, and what they agreed to
• Call logs: Every contact attempt with timestamp and outcome
• Opt-out history: When contacts requested removal
• DNC checks: Proof that numbers were screened

These records are exportable and retained for the period you specify (default 5 years).

Your Responsibility

24CallDesk provides tools to help you comply with TCPA. You are solely responsible for:

• Obtaining valid consent before adding contacts to the platform
• Maintaining accurate consent records including source, date, and type
• Ensuring contacts have opted in to receive the type of communication you're sending
• Honoring opt-out requests promptly and permanently
• Complying with all applicable federal, state, and local laws

By using 24CallDesk's outbound calling and messaging features, you represent that you have obtained all necessary consents and agree to indemnify 24CallDesk against any claims arising from your use of the platform.

What We Don't Do

24CallDesk helps you follow TCPA, but doesn't:

• Provide legal advice (consult an attorney for specific situations)
• Guarantee compliance (you're responsible for proper use)
• Verify your consent claims (we trust that you've obtained consent)
• Override your bad decisions (if you upload contacts without consent, we can't magically fix that)

The tools are here. Use them correctly.

Questions

Does 24CallDesk check the National DNC Registry? Yes. All outbound campaigns are screened against the national registry.

What if someone on my list opts out? They're immediately and permanently removed from outbound campaigns. You can't re-add them without new consent.

Can I call cell phones? Yes, with proper consent. Cell phones have the same consent requirements as landlines under TCPA.

What about B2B calls? B2B calls have some exemptions, but the safe approach is to follow the same consent standards. Many business numbers are personal cell phones.

How do I document consent? When importing contacts, include the consent source and date. When collecting leads through web forms, require an explicit checkbox for communication consent.

For questions about specific compliance scenarios, contact support@24calldesk.com.