On December 13, 2023, the Federal Communications Commission adopted new rules to protect consumers from scam communications by directly addressing some of the most significant vulnerabilities in America’s robotext defenses and closing the “lead generator” robocall/robotexts loophole. The new rules allow blocking “red flagged” robotexting numbers, codifying do-not-call rules for texting, and encouraging an opt-in approach for delivering email-to-text messages. These new rules are governed by the TCPA.
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These are the effective dates of the new TCPA rules pending any judicial stays that may arise:
- March 26, 2024: The amendment to the do-not-call registry rule for text messages became effective.
- July 24, 2024: The text blocking rule became effective.
- January 27, 2025: The 1:1 consent rule takes effect.
The new updates to this law encompass new guidelines. The FCC's goal is to ensure TCPA Compliance by enforcing the following:
- Do Not Contact (updates include text messaging)
- One-to-One Consent
- Clear and Conspicuous Disclosure
- Logically and Topically Related Content
- Burden of Proof (5 Years)
- FCC Report and Order: Federal Communications Commission FCC 23-107
What is TCPA?
TCPA, or the Telephone Consumer Protection Act, is a set of rules and regulations established by The Federal Communications Commission in 1992.
The TCPA (Telephone Consumer Protection Act) is a law in the United States. It was enacted ito regulate telemarketing calls, auto-dialed calls, prerecorded voice messages, text messages, and unsolicited faxes. The TCPA protects consumers from unwanted communications, particularly those made using automated systems or prerecorded messages, without their consent.
The law places several restrictions on businesses and organizations, including:
- Consent Requirements: Companies must obtain prior express consent from individuals before making marketing calls or sending text messages using auto-dialing systems.
- Do Not Call List: The TCPA allows individuals to place their phone numbers on a national "Do Not Call" registry to avoid unsolicited telemarketing calls.
- Restrictions on Calling Times: Telemarketers can only make calls between 8 a.m. and 9 p.m. local time for the recipient.
- Penalties for Violations: Violations of the TCPA can result in significant fines. Individuals can file lawsuits and potentially collect $500 to $1,500 per violation, depending on whether the violation was willful or knowing.
Over time, courts have updated and interpreted the law, mainly as new technologies like text messaging and robocalling have emerged.
How STIR/SHAKEN tie into TCPA
STIR/SHAKEN is an expansion of TCPA and is being implemented to instill calling confidence in customers. This set of industry standards is designed to reduce spam robocalls, prevent the “spoofing” of Caller ID data, and help businesses improve voice security.
What is Considered a Robocall
Robocalls are pre-recorded or auto-dialed calls made to your landline or cell phone, usually when you have not permitted the caller to contact you. They are often made by telemarketers, who contact you to sell a product or service, usually unsolicited. Robocalls can also come from other entities besides telemarketers, such as debt collectors.
Specific TCPA Rules for Telemarketing
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Telemarketing calls can only be made between 8 a.m. and 9 p.m. (local time at the called party’s location).
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All telemarketers must comply with “abandoned calls” limits and employ other consumer-friendly practices when using automated telephone dialing equipment.
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A telemarketer must abandon no more than 3 percent of calls answered by a person and must deliver a prerecorded identification message when abandoning a call.
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Telemarketers must not disconnect an unanswered telemarketing call before at least 15 seconds or four rings.
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All pre-recorded messages, whether delivered by automated dialing equipment or not, must identify the name of the entity responsible for initiating the call, along with the telephone number of that entity that can be used during regular business hours to ask not to be called again.
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All telemarketers must transmit caller ID information when available and must refrain from blocking any such transmission(s) to the consumer.
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All businesses that use smart dialers to sell services must maintain records documenting compliance with call abandonment rules.
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Ensure an opt-out function is provided to put the phone number on the DNC registry.
The (Do Not Call Registry) DNC list must be specific to your organization and on file for 5 years. -
Avoid calling numbers where the recipient pays for the call (healthcare offices, mobile numbers, and even medical facilities).
Note: Some states have their own TCPA laws beyond the federal level, so CTM suggests you consult your legal counsel.
How to comply with TCPA in CTM
This new rule requires that prior express written consent be obtained separately for each company seeking to use such consent.
- The agreement must identify the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered.
- The disclosure cannot be buried, barely visible, appear in fine print, nor only accessible through a hyperlink.
- A consumer can no longer affirmatively agree to be contacted by unidentified "marketing partners" but can agree to be contacted by a list of those marketing partners so long as they are identified and the consumer affirmatively selects those entities from whom they consent to receive the communications.
How to achieve this in CTM?
- Ensure that your formreactors have checkboxes to collect consent and that the language next to them is clear.
- Ensure the consent agreement identifies the phone number where communications will be sent.
- Ensure that the important things are not accessed through a hyperlink.
Consumers may revoke consent to robocalls and robotexts “in any reasonable manner” — including the use of the words stop, quit, end, revoke, opt-out, cancel, or unsubscribe.
- Callers must honor Do Not Call and revocation requests “as soon as practicable” — no later than ten business days after the request.
- Businesses can't require overly complicated methods, like asking consumers to send a form by mail or using a specific app. Instead, they must accept revocation requests through standard communication methods like text messages, emails, or phone calls.
How to achieve this in CTM?
National Do Not Call Registry
This is the page the FCC maintains regarding how businesses can sign up to get subscriptions for the FCC’s do-not-call lists. Businesses can purchase subscriptions for specific area codes or all area codes. (See Subscribing To Area Codes section)
Other helpful information:
CTIA Best Practices for Text Messaging
Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act
This article does not offer legal advice but provides you with informational items for consideration before conducting any outbound communications for educational purposes only. It should not be considered legal, financial, or professional advice. Businesses should consult with a qualified regulatory attorney, but we do not guarantee the accuracy, completeness, or usefulness of any information provided.
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