Top 10 TCPA Tools to Mitigate Risk in 2025 and Beyond

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10 Ways to Avoid TCPA Trouble

  1. Get Clear Permission (Consent):

    • Before you call or text someone: Always get their express written consent.
    • Written is Best: Written consent is strongest and the best way to avoid TCPA violations.
    • Be Specific: Explain clearly what you’ll be contacting them about.

  2. Let People Opt-Out Easily:

    • Easy to Stop: Make it simple for people to stop receiving calls or texts from you.
    • Clear Instructions: Provide clear instructions on how to opt-out (e.g., reply “STOP” to a text, call a specific number, visit a website).
    • Honor Requests Immediately: Stop contacting someone as soon as they request to opt-out.

  3. Keep a “Do Not Call” List:

    • Internal List: Create and maintain a list of people who have asked not to be contacted by your company.
    • Regularly Update: Keep this list up-to-date with new requests.
    • Share Across Teams: Ensure everyone in your company has access to and understands the “Do Not Call” list.

  4. Have a Written Plan:

    • Clear Guidelines: Create a written policy that outlines your company’s rules for making calls and sending texts.
    • Cover All Bases: This policy should include rules about consent, opt-outs, record-keeping, and how to handle potential violations.
    • Train Employees: Make sure all employees who make calls or send texts are familiar with the policy.

  5. Train Your Team:

    • TCPA Awareness: Train employees on the basics of the TCPA and how it applies to their role.
    • Company Policies: Emphasize the importance of following your company’s specific calling and texting policies.
    • Consequences of Violations: Explain the potential consequences of violating the TCPA (e.g., fines, lawsuits).

  6. Tell People Who’s Calling:

    • Caller ID: Make sure your caller ID accurately displays your company’s name.
    • Text Messages: Clearly identify your company in the text message itself.
    • Transparency Builds Trust: Being transparent about who you are helps build trust with potential customers.

  7. Check the “Do Not Call” Registry:

    • National Registry: Regularly check the National Do-Not-Call Registry to ensure you’re not contacting people who have registered not to receive telemarketing calls.
    • State Registries: Be aware of and comply with any applicable state “Do Not Call” registries.
    • Scrub Regularly: Regularly scrub your calling lists against the “Do Not Call” registries.

  8. Know the Rules in Each State:

    • State-Specific Laws: TCPA rules can vary by state.
    • Research Requirements: Research and comply with the specific calling and texting laws in each state you operate in.
    • Stay Updated: Keep up-to-date on any changes to state laws.

  9. Keep Track of Phone Numbers:

    • Record Keeping: Maintain accurate records of all phone numbers you have permission to contact.
    • Consent Dates: Record the date and method of obtaining consent for each phone number.
    • Revocation Records: Keep track of any requests to opt-out.

  10. Work with Vendors Carefully:

    • Vendor Contracts: If you use third-party vendors for calling or texting, ensure their practices comply with the TCPA.
    • Contractual Obligations: Include clauses in your vendor contracts that hold them responsible for TCPA compliance.
    • Monitor Vendor Activities: Regularly monitor your vendors’ activities to ensure they are adhering to the TCPA.

Disclaimer: This is a simplified overview. For legal advice, talk to a lawyer..

10 Ways to Avoid TCPA Trouble

10 Ways to Avoid TCPA Trouble