The Complete TCPA Compliance Checklist for SMS in 2021

tcpa compliance checklist for sms

What Is The TCPA?

The TCPA is an acronym for the Telephone Consumer Protection Act 47. Legislators passed this law to eliminate irrelevant, repetitive, and generally irritating calls from companies. The TCPA Compliance checklist for SMS ensures a logical approach for ensuring ethical and courteous practices for messaging between businesses and consumers.

The TCPA extends to every form of outbound contact that companies currently make. It means that this act applies to your faxes, phone calls, texts, voice messages, and automatic dialing systems.

What Are The Primary TCPA Requirements?

Generally, the TCPA requires you to don’t do the following:

  • Call anyone whose name and details have been listed in the National don’t Call (DNC) Registry
  • Call people before eight AM and after nine PM in their respective time zones
  • Deliver voice calls or artificial recordings to people without their prior written consent.
  • Use recordings, autodialers, and simulated voices to call people whenever they pay for the calls.

The TCPA also prevents you from using an automatic telephone dialing system to call any of the following:

  • Emergency phone lines for hospitals, medical service offices, healthcare facilities, and more
  • The telephone lines of any patient room at a hospital
  • Elderly healthcare facilities or a similar establishment
  • A phone number assigned to cellular phone service, a paging service, or any other radio carrier service

How Do You Stay TCPA-Compliant?

Keep an eye out for the following when planning your outbound marketing campaign:

Always Get Consent

You’ll need to get express consent from your target consumer if you’re making an automated marketing call. The TCPA compliance regulations clearly state that you’ll need a written agreement, signed by the consumer, including their current phone number.

The TCPA compliance checklist for SMS also includes the same tip. Make sure to get consent before sending marketing messages to customers.

The consent form will need to authorize telemarketing with a pre-recorded voice or automatic dialing/text messages.

Consumers generally consent to get communications if they have submitted their phone numbers for a specific purpose or along with a particular transaction for non-marketing calls. Note that the consent’s scope extends to communications related to the transaction or any other purpose for which the consumer gave their number to you.

Be Up-to-date With The DNC Registry

People who don’t want to get any telemarketing calls can register their numbers in the DNC registry. Your company will need to check the list regularly to be TCPA-compliant and to avoid violations.

Your company might also need to maintain an up-to-date copy of a do-not-call list from the DNC registry. Also, ensure that you thoroughly train your staff on TCPA compliance.

You’ll get several features that help you stay TCPA-compliant if your company uses a cloud-based call center management system. One such feature is cell phone scrubbing.

Your call management system can use the cellphone scrubbing feature to ensure that your company isn’t calling numbers that could violate TCPA. it’ll run ported numbers against those on the DNC registry to ensure that they don’t appear on your call lists.

Registered numbers will be removed from your list, and this list ensures that you’ll be compliant.

When it comes to collection calls, it’s still best that you get consent. The Federal Communications Commission (FCC) doesn’t consider this type of calls to be telemarketing, but it\s better to be safe than sorry.

Differentiate Between Landline Numbers And Cell Numbers

There are different rules for calling cell and landline numbers. In some cases, your call center might not have the authorization to make pre-recorded telemarketing calls to landlines without getting approval from the consumers.

Remember that the rules for cell phones primarily apply to auto-dialed and pre-recorded calls and text messages, so try to get a call center management system that effectively differentiates between landline and cell numbers to remain TCPA-compliant.

Examine All Pre-Recorded Scripts

The TCPA compliance checklist for SMS also has specific rules regarding recorded messages. You can check your message scripts also to ensure compliance with an automated call center management system.

Make sure to state the purpose of the call immediately at the beginning. You must also provide the contact details for a customer service representative. Note that this can’t be the same number that the auto-dialer used.

Txtra makes it even easier to adhere to the TCPA compliance checklist for SMS by including several features focused on SMS compliance.