FCC Amends TCPA Rules
The TCPA Exemptions Order in 2023 introduced new regulations for the placement of artificial and prerecorded voice calls (also known as robocalls) to residential numbers.
The adjustments include limiting the number of calls a caller can make in a certain time frame, requiring a specific opt-out method in each call, and implementing Do-Not-Call list procedures.
You cannot call a landline with a prerecorded/artificial voice more than 3 times in 30 days.
Our team does our best to help you, keeping you informed. In the bottom part of this article, you will find a PDF document. This is an easy checklist, representing a broad overview of all of the tasks, activities, and best practices for FCC compliance.
While this does not stand as legal advice—you are responsible for knowing and complying with all applicable laws—it is our suggestion for best practices.
Unless prior express consent is obtained, the following rules will apply:
Call Limits:
Maximum of three (3) calls to a residential number within any consecutive 30-day period of time, applicable to:
Non-Commercial Calls
Commercial Calls
Tax-exempt non-profit
✅ Exception: Healthcare-related calls that comply with HIPAA's regulations are limited to a maximum of 3 calls per week.
Opt-out Requirements:
Allow the recipient of the call to Opt-out. Informational robocalls to landline residential phone numbers must provide alternatives for call receivers to be added to the caller's Do-Not-Call list. This must include a phone number to call for DNC requests as well as real-time recording of these requests via automated interactive prompts. All callers who make robocalls to landline residential phone numbers are required to implement DNC protocols.
✅ Exception: Will not apply for calls that are made for emergency purposes or with the prior express consent of the called party.
This article was constructed based on FTC, FCC, TCPA, and HIPAA regulations. Please pay attention to other specific federal laws that may apply in your region.
Consent and Opt-Out Options
The TCPA limits telemarketing calls and the use of automatic phone dialing devices or prerecorded voice messages. The provision applies to both common carriers and other advertisers.
Some key takeaways from FTC regulations:
Obtain written consent: Clear, visible records, like via a single click or checkbox on a website
Disclosure: If a business has a website that collects consumer information, there must be a clear disclosure, a separate area on the website that is not part of the Terms of Service or the Privacy Policy but is visible
Be honest: If the business advertises a service, you must actually perform that service. Your ads must not be misleading
Conform to DNC rules: Maintaining a DNC policy that is truly available upon request, as well as providing key people with suitable DNC Request handling training
If you reach a landline using a phone system with a prerecorded/artificial voice more than 3 times within a 30-day period of time, you risk non-compliance unless the call:
Is for emergency purposes
Is not for a commercial purpose
Is for a commercial purpose but does not include or introduce an advertisement or constitute telemarketing
Is made by or on behalf of a tax-exempt nonprofit organization
Delivers a health care message made by, or on behalf of, a covered entity or its business associate, as those terms are defined in the HIPAA Privacy Rule
You are required to keep accurate records of your contact’s phone numbers.
If you receive consent to call or text a specific phone number, but then your contact gives up that phone number and it’s assigned to someone else, you will be considered out of compliance if you do not regain consent from the new owner.
TCPA Violations and Fees
What is considered a violation? There are three types of TCPA violations:
Calls or texts to those listed on the National Do Not Call Registry - You must subscribe to the Do Not Call Registry if you plan to call or text consumers (exemptions: informational messages, surveys or political polls, business-to-business calls, charity, consumers with an existing business relationship)
Unsolicited calls to residential or cell phones using automated dialing or prerecorded messages.
Unsolicited texts to cell phones.
Further, we advise you to search for regulations per state since there are call restrictions on holidays in some regions. A good resource for this can be found at dnc.com.
Businesses that breach TCPA legislation face severe fines.
Fines for TCPA violations range from $500 to $2000 for each individual violation. These fees are passed directly to clients. Any fines that smrtPhone incurs because of your activity will also be your responsibility!
smrtPhone, smrtDialer, and FCC Amendments to TCPA
Our power dialer - smrtDialer is a system that, when smrtly used, can help you comply with all regulations.
Be sure to conform to all rules and regulations that are in place and also create your smrtDialer Campaigns in such a way that both you and your clients are happy with the results.
You may also consider changing the Voicemail Drop Recording every time you re-run the campaign. A good, targeted message will help engage the person you tried to contact. Consider having a flow in your voicemail recordings, a clear message with meaning, and whatever the call-to-action may be (such as returning your call or texting you back at that number).
These changes to voicemail drop rules impact unsolicited informational robocalls to landlines. These rules do not apply to live, even autodialed, calls to landlines. Furthermore, non-automated (manual) live calls or messages to cell phones are not currently covered by these rules.
Risks drop significantly if you are registered in the Trust Center, use A2P 10DLC campaigns, and use CNAM.
