What Is TCPA Compliance?
TL;DR
TCPA compliance means following the Telephone Consumer Protection Act — federal rules governing when and how businesses can call or text customers. Violations can cost $500–$1,500 per call.
What Is the TCPA?
The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 and regularly updated by the FCC. It governs how businesses can contact consumers using automated technology.
The TCPA covers:
- Automated calls (robocalls) using auto-dialers or prerecorded messages
- Artificial or prerecorded voice messages
- SMS/text message marketing
- Calls to numbers on the National Do-Not-Call Registry
It applies to any business contacting US consumers — including trade contractors using AI voice agents or SMS follow-up sequences.
What TCPA Means for Trade Contractors
Get consent before texting
You need documented prior express written consent before sending marketing SMS messages to customers.
Honor STOP requests immediately
When a customer texts STOP, you must stop all automated messages to that number within one business day. Automated systems like HulloDesk do this instantly.
Maintain a Do-Not-Call list
You must keep an internal DNC list and check it before making outbound marketing calls. External DNC registry scrubbing is also required for telemarketing.
Know the penalties
$500 per unintentional violation. $1,500 per willful violation. Class action lawsuits are common — plaintiffs' attorneys actively monitor for violations.
How HulloDesk Handles TCPA Compliance
HulloDesk is built with TCPA compliance as a foundational requirement — not an afterthought. Here is how the platform protects your business:
- AI agents identify themselves at the start of every call — no impersonating a human
- Call recording consent is disclosed before recording begins
- DNC blacklist enforced across all outbound communications — STOP requests honored instantly
- SMS confirmations are only sent to callers who initiated contact (inbound consent)
- All compliance events are logged with timestamps for audit purposes
TCPA Compliance Checklist for Contractors
- 1Obtain prior express written consent before sending any marketing SMS
- 2Disclose that callers may be speaking with an AI voice agent at the start of calls
- 3Disclose call recording at the start of every recorded call
- 4Maintain an internal Do-Not-Call list and scrub it before every outbound campaign
- 5Honor opt-out requests (STOP, UNSUBSCRIBE, CANCEL) within one business day
- 6Keep records of consent, call logs, and opt-out history for at least 4 years
Frequently Asked Questions
Does TCPA apply to AI voice agents?
Yes. AI voice agents that use prerecorded or synthesized speech fall under TCPA. They must disclose that the caller is speaking with an AI at the start of the call and must not impersonate a human.
What is a TCPA violation?
A TCPA violation occurs when a business contacts a consumer without proper consent using automated technology — phone calls, SMS, or prerecorded messages. Penalties range from $500 per unintentional violation to $1,500 per willful violation.
What is the Do-Not-Call (DNC) list?
The National Do-Not-Call Registry is a list of phone numbers whose owners have opted out of receiving marketing calls. Businesses must check this list before making outbound marketing calls and must honor opt-out requests within 30 days.
See HulloDesk's compliance features
Built with TCPA, GDPR, and CCPA compliance from day one. Your business is protected.
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