TCPA Guidelines

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a federal law that restricts telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. For lead generation, the TCPA requires obtaining proper consent before contacting consumers.

Consent Requirements

All leads submitted to SafeStream must have documented "prior express written consent" as defined by the TCPA and FCC regulations:

Elements of Valid Consent

• Written Agreement: Consumer must provide consent in writing (electronic signatures are acceptable)
• Clear Authorization: Consent must clearly authorize contact via telephone calls and/or text messages
• Specific Parties: Consent must identify the parties authorized to contact the consumer
• Phone Number: Consumer must provide the specific phone number to which calls may be placed
• Not a Condition: Consent cannot be required as a condition of purchase

Example Consent Language

Required Documentation

For every lead, SafeStream requires the following TCPA documentation:

Calling Time Restrictions

The TCPA restricts when telemarketing calls can be made:

• Calls are prohibited before 8:00 AM and after 9:00 PM in the consumer's local time zone
• Some states have stricter hours (e.g., some prohibit calls after 8:00 PM)
• Honor all time zone differences when placing calls

Do Not Call (DNC) Requirements

Internal DNC List

All partners must maintain an internal Do Not Call list and honor consumer opt-out requests:

• Add consumers to internal DNC within 30 days of request (10 days for some states)
• Maintain DNC records for at least 5 years
• Scrub calling lists against internal DNC before every campaign

National DNC Registry

• Scrub against the National Do Not Call Registry at least every 31 days
• Register as a telemarketer with the FTC if required
• Maintain records of DNC scrubbing activities

Prohibited Practices

• No consent: Contacting consumers without documented prior express written consent
• Expired consent: Using consent that is stale or has been revoked
• Wrong number: Continuing to call after learning the number belongs to someone else
• Ignoring DNC: Calling numbers on National or internal Do Not Call lists
• Off-hours calling: Making calls outside of 8 AM - 9 PM local time
• No opt-out: Failing to provide clear opt-out mechanism for text messages

Lead Verification

SafeStream uses multiple verification methods to ensure TCPA compliance:

Recordkeeping Requirements

Maintain the following records for TCPA compliance:

• Consent records: Retain for at least 5 years from date of consent
• Call records: Date, time, duration, and outcome of all calls
• DNC requests: Consumer opt-out requests and date honored
• Scrub reports: Documentation of DNC list scrubbing activities

State-Specific Requirements

Many states have additional telemarketing regulations that may be stricter than federal TCPA requirements. Partners must comply with all applicable state laws, including but not limited to:

• California: Additional restrictions and registration requirements
• Florida: State DNC registration and calling hour restrictions
• New York: Stricter opt-out and disclosure requirements
• Texas: "No-call" list requirements and penalties