The Telephone Consumer Protection Act (TCPA) regulates how businesses can contact consumers by phone. While SureConnect handles inbound calls (which have different TCPA implications than outbound), there are important compliance considerations to be aware of.
Inbound calls and TCPA
TCPA restrictions primarily apply to outbound calls and text messages. Inbound calls initiated by the consumer are generally not subject to the same TCPA restrictions. However, there are still areas where compliance matters:
Call recording consent
SureConnect records all calls by default. Recording laws vary by state:
- One-party consent states: Only one party (your agent) needs to consent to recording.
- Two-party consent states (e.g., California, Florida, Illinois): Both the caller and the agent must consent.
To comply with two-party consent laws, configure your IVR greeting or whisper message to include a recording disclosure (e.g., "This call may be recorded for quality assurance"). If the caller continues the call, they have implicitly consented.
Do Not Call compliance
If you make outbound callback calls to prospects who did not answer initially, you must honor DNC requests. SureConnect's built-in DNC list management helps you track and enforce these requests. See DNC List Management.
Callbacks and the TCPA
SureConnect creates callback records for missed calls and after-hours calls. When your agents return these calls, the outbound calls may be subject to TCPA rules, especially if the original caller did not provide explicit consent to be called back.
Best practices
- Include a recording disclosure in your IVR greeting.
- Maintain and honor your DNC list.
- Document consent for callback calls.
- Train agents on compliance requirements.
- Consult legal counsel for your specific use case.