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Basic Checklist for TCPA Compliance
Basic Checklist for TCPA Compliance

Here is a quick overview for TCPA compliance and express written consent. This is informational purposes only, seek qualified legal counsel.

Updated over a week ago

TCPA Compliance Checklist

Disclaimer: Please note that this is for informational purposes only. It’s not meant to substitute for advice from qualified legal counsel.

Please seek counsel prior to calling or texting your contacts.

Generally, it's suggested that you always have express written consent to contact any leads. The guidelines are found here 47 CFR § 64.1200.

  • Don't text or call anyone on the National DNC Registry.

  • Don't text or call a contact before 8 am or after 9 pm, local time.

  • Conversational messages require implied consent.

  • Information messages require express consent.

  • Sales, promotional, and offer messages require express written consent.

  • Provide contacts with an "opt-out" like "STOP".

  • Maintain a "Do Not Contact" list for all of your business contacts.

  • Disconnect an unanswered telemarketing call prior to at least 15 seconds or four (4) rings

Here's an example of express written consent on the Zillow website.
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Here is an example suggestion from one of the top TCPA law firms:

Here's the important details of the 1:1 opt-in for sellers (Seller is the company providing the service the consumer is inquiring about).

  1. Disclosure must reference language on button;

  2. Disclosure must reference SMS/MMS is those will be used in the campaign;

  3. Disclosure must reference AI generative voice if will be used in the campaign;

  4. Disclosure must reference marketing;

  5. Disclosure must be ABOVE companies to be selected and accept button;

  6. Disclosure must reference ESIGN Act;

  7. Disclosure must advise companies may call on seller’s behalf;

  8. Disclosure must reference use of automated technology;

  9. Disclosure must allow consumer to select good/service providers individually;

  10. Disclosure must advise consent is not required to obtain any good/service/credit;

  11. A small “select all” option CAN be provided but must not be forced on consumer;

  12. Consumer must be able to obtain service without providing consent;

  13. Disclosure must mention prerecorded or artificial voice messages, if applicable;

  14. Only a reasonable number of companies should be displayed to consumer;

  15. Phone number should be supplied on same page as consent is provided.

Read the entire 47 CFR § 64.1200 code to learn more.
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Disclaimer: Please note that this is for informational purposes only. It’s not meant to substitute for advice from qualified legal counsel.


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