The Telephone Consumer Protection Act (TCPA) is one of the most critical regulations for businesses engaged in lead generation and telemarketing. However, due to its complexity, many misconceptions about TCPA compliance persist, leading to costly mistakes.
In this article, we’ll debunk the most common TCPA compliance myths, clarify misunderstandings, and provide actionable insights to help businesses maintain compliance. Whether you’re a marketing manager, compliance officer, or business owner, understanding TCPA regulations is essential to avoid fines and ensure ethical lead management practices.
Key Takeaways
- TCPA compliance applies to more than just robocalls. It covers various forms of consumer communication, including text messages and certain types of live calls.
- Having prior consent doesn’t mean unlimited contact. Different types of consent are required depending on the nature of the call or text.
- Manually dialing numbers does not automatically make calls TCPA-compliant. Some dialing systems may still be considered an Automatic Telephone Dialing System (ATDS) under the law.
- Purchased leads don’t guarantee compliance. Businesses are responsible for ensuring lead sources adhere to TCPA regulations.
- Non-compliance can lead to significant legal and financial repercussions. Understanding and following TCPA rules is essential for mitigating risk.
TCPA Only Applies to Robocalls
Reality: While robocalls are a major concern, TCPA regulations also apply to text messages, prerecorded messages, and calls made using an ATDS.
Businesses must ensure they have the correct type of consent before engaging in these forms of communication.
If a Consumer Provides Their Number, You Have Unlimited Consent to Call or Text
Reality: TCPA requires different levels of consent depending on the nature of the call:
- Informational calls/texts: Require prior express consent.
- Marketing or sales calls/texts: Require prior express written consent.
Consent is alsorevocable, meaning consumers can withdraw their permission at any time.
Manually Dialed Calls Are Always TCPA-Compliant
Reality: The definition of an ATDS under TCPA has been subject to legal interpretation. Some dialing platforms, even if operated manually, may still be considered an ATDS based on their capabilities.
Businesses should assess their dialing systems carefully to avoid compliance pitfalls.
Buying Leads from a Third Party Ensures TCPA Compliance
Reality: Lead buyers areresponsible for ensuring compliance, even if they purchase leads from a vendor. Verifying that leads have proper consent and using reputable sources is crucial to avoid legal risk.
As Long as You Follow Do-Not-Call (DNC) Rules, You Are Compliant
Reality: While adhering to DNC lists is essential, TCPA rulesextend beyond DNC compliance. Businesses must also ensure proper consent, identify themselves in communications, and provide opt-out options.
TCPA Penalties Are Minimal
Reality: TCPA violations can lead to severe financial consequences:
- Up to$500 per violation (per call or text)
- Up to $1,500 per violation for willful or knowing violations
- Class-action lawsuits can result in multimillion-dollar settlements
Maintaining compliance is a crucial aspect of risk management.
How GeoGrowth Ensures TCPA Compliance
GeoGrowth provides robust lead management tools that help businesses maintain TCPA compliance through:
- Automated consent tracking
- Lead source verification
- TCPA-compliant dialing systems
- Real-time opt-out processing
Final Thoughts
TCPA compliance is more than avoiding robocalls—it requires a thorough understanding of consent rules, lead management responsibilities, and dialing system regulations. Businesses must remain proactive to prevent legal risks and ensure ethical lead generation.
Ready to strengthen your TCPA compliance strategy? Contact GeoGrowth today to learn how our solutions can safeguard your business against costly mistakes.