New TCPA Ruling Impacts Outbound Calling: How to Stay Compliant

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TCPA 1-to-1 Consent start 1/27/2025

The Telephone Consumer Protection Act (TCPA) is a federal law that restricts certain types of phone calls, including those made with an automatic telephone dialing system or an artificial or prerecorded voice. Starting January 27, 2025, the Federal Communications Commission (FCC) issued a Declaratory Ruling and Order that significantly strengthened TCPA requirements.

Key Changes:

  • Express Written Consent: The new ruling mandates express written consent from customers for all outbound calls.
  • Personalized and Specific: Consent must be personalized to the specific business making the call and clearly outline the scope of the permitted communication.
  • Record Keeping: Businesses must maintain detailed records of all obtained consents.

Impact on Lead Generation and Outbound Calling:

These changes have profound implications for businesses reliant on outbound calling:

  • Stricter Compliance: Meeting these stringent requirements necessitates significant changes to lead generation and outbound calling processes.
  • Increased Costs: Implementing new systems, training staff, and ensuring compliance can incur substantial costs.
  • Potential for Legal Action: Violators can be sued for actual monetary loss or $500 per violation, whichever is greater. If the court finds that the violation was willful or knowing, the penalty can increase to $1,500 per violation

How TLD Can Help:

TLD offers valuable tools to assist businesses in navigating these new challenges:

  • Trusted Forms Integration: TLD integrates with Trusted Forms, a third-party solution from ActiveProspect primarily used for website form fills. This integration allows businesses to leverage Trusted Forms’ capabilities within the TLD platform.
  • E-Signature Module: TLD’s e-signature module facilitates the secure and legally binding capture of electronic signatures on consent forms, streamlining the consent acquisition process.

By leveraging TLD’s integration with Trusted Forms and its e-signature module, businesses can:

  • Simplify Consent Collection: Streamline the process of obtaining express written consent from customers.
  • Enhance Compliance: Ensure all consent forms adhere to TCPA regulations and industry best practices.
  • Reduce Risk: Minimize the risk of non-compliance and associated penalties.
  • Improve Efficiency: Streamline workflows and improve overall operational efficiency.

Conclusion:

The new TCPA ruling presents significant challenges for businesses engaging in outbound calling. By embracing TLD’s innovative solutions, businesses can effectively adapt to these changes, maintain compliance, and continue to connect with their customers while minimizing risks.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with legal counsel for specific guidance on TCPA compliance.

More information regarding this ruling can be found at Federal Register