TCPA compliance refers to adhering to the regulations outlined in the Telephone Consumer Protection Act. This United States federal law was enacted in 1991 to protect consumers from unwanted telemarketing communications.
Since law firms directly communicate with clients through phone calls and text messages, they must adhere to the guidelines and regulations stipulated by the TCPA. Likewise, legal call centers are bound by the TCPA when communicating with clients.
Ensuring TCPA compliance involves adopting practices that align with the law’s provisions, which include:
- Obtain express consent
- The person making the call must identify themselves
- Call between 8:00 a.m. and 9:00 p.m. in the recipient’s local time zone
- Don’t use automatic dialing systems or robocalls without consent
- Follow the internal and National Do Not Call Registry
- Implement opt-out mechanisms
- Identify and honor reassigned numbers
- Train staff on TCPA regulations
- Regularly update compliance policies
At Legal Conversion Center, we have over 100 years of combined experience in the call center industry. Our intake specialists are highly trained in TCPA regulations, and we take call center compliance very seriously. By trusting us with your legal intake services, you make sure that your clients have ongoing access to assistance, boosting client satisfaction.
Obtain Express Consent
Businesses need to secure clear consent before initiating calls or sending text messages. Express consent serves as a safeguard, demonstrating that individuals have willingly and knowingly agreed to receive such communications.
Obtaining consent builds a foundation of trust between businesses and consumers. Failure to obtain explicit consent can result in legal consequences, including hefty fines and penalties.
Caller Identification
When engaging with consumers, callers have to provide clear and comprehensive identification. This includes stating their name, specifying the company they represent, and providing a reachable telephone number.
This transparency fosters trust between businesses and consumers. By clearly identifying themselves, callers establish an open and honest line of communication, allowing consumers to make informed decisions.
Respect the Restricted Calling Hours
Communication between individuals and call centers is restricted to the timeframe between 8:00 a.m. and 9:00 p.m. in the recipient’s local time zone. This restriction protects individuals from intrusive and untimely communications, respecting their right to privacy during non-business hours.
We are relying on a detailed monitoring system to proactively manage our outreach efforts and prevent inadvertent breaches of TCPA regulations. At Legal Conversion Center, we foster a lawful approach to consumer communications.
Don’t Use Automatic Dialing Systems Without Consent
Companies are explicitly barred from employing auto-dialing systems for calls or texts if the consumer incurs charges for the communication. No auto-dialing systems should be activated without obtaining express written consent from the intended recipient.
Don’t Use Robocalls Without Written Consent
The use of artificial or prerecorded voices in calls to both mobile and landline phones is strictly prohibited without the recipient’s express written consent. The robocall regulation is designed to safeguard individuals from intrusive and unsolicited automated communications.
Implement the Internal do Not Call (DNC) List
The TCPA requires companies to maintain an updated DNC list of individuals who have explicitly expressed their desire not to receive telemarketing calls. By implementing an internal DNC list, businesses can systematically track and respect the preferences of consumers who opt out of such communications.
This proactive measure mitigates the risk of unintentional violations, reinforcing the commitment to ethical and lawful communication between companies and individuals. By regularly updating and strictly adhering to our internal DNC list, we foster a culture of respect for consumer choices.
Consult the National do Not Call Registry
As part of TCPA compliance, law firms and legal call centers must consult and respect the National Do Not Call Registry, a centralized database of consumers who have opted out of receiving unsolicited calls.
By cross-referencing the internal call lists with the registry, businesses can ensure that they do not contact individuals who have explicitly expressed their desire to avoid such communications. Companies should be aware that some states maintain their own distinct DNC protocols, imposing additional compliance requirements.
Also, review state mini-TCPA laws and their implication for your business. Apart from the federal TCPA regulations, various states have introduced their own mini-TCPA laws featuring different requirements and consequences for businesses.
Implement Opt-Out Mechanisms
Individuals must have the opportunity to opt out of receiving telemarketing communications. Businesses should establish clear and accessible channels (such as designated phone numbers or online platforms) through which recipients can express their desire to opt-out. Timely and seamless processing of opt-out requests helps ensure compliance.
Identify and Honor Reassigned Numbers
TCPA prohibits businesses from contacting individuals without their consent, even if a phone number has been reassigned to a new user. To comply with this regulation, companies must regularly update and cross-reference their contact lists against a reliable database of reassigned numbers.
Train Staff on TCPA Regulations
Staff members involved in telemarketing activities should be well-versed in TCPA guidelines to ensure compliance and mitigate the risk of unintentional violations. Training should encompass key aspects such as obtaining express consent, adhering to calling hour restrictions, and implementing opt-out mechanisms.
Regularly Update Compliance Policies
The regulatory landscape is dynamic, and there may be amendments to the TCPA or related laws. Businesses can adapt to any changes by consistently reviewing and updating compliance policies.
Furthermore, staying informed about industry best practices and incorporating them into compliance policies enhances the overall effectiveness of a legal call center. Regular updates also serve as a proactive measure to address emerging challenges and evolving standards in the industry.
The recent rise of artificial intelligence (AI) has led to new challenges in TCPA compliance. Notably, the Federal Communications Commission (FCC) and a Senate subcommittee are actively investigating the role of AI in the context of robocalls and robotexts.
Compliance With TCPA Regulations
By adhering to TCPA regulations, the Legal Conversion Center demonstrates our commitment to respecting individuals’ privacy rights. We are devoted to creating and maintaining a respectful environment for consumer communication.
Law firms in search of a client-centered call center that strictly follows TCPA regulations can contact us today to discuss a potential collaboration. We prioritize the interests of our partners and clients, offering a service that exceeds expectations while upholding the highest standards of legal compliance.